BHUBANESWAR: Taking strong exception to the dilly-dallying approach of the Railways, the National Human Rights Commission (NHRC) has directed the Chairman, Railway Board to make immediate payment of `4 lakh compensation awarded to one Biswanath Bhoi, who had lost his leg after being pushed off a running train in 2009.
The Commission has rejected Indian Railway’s contention of awaiting the outcome of Railway Claim Tribunal (RCT) decision before paying compensation and directed the Chairman to submit compliance with proof of payment within six weeks.
The incident had occurred on May 11, 2009 near Jakhapura Section under Jajpur-Keonjhar Road. The youth was found lying injured on the tracks near Jakhapura station and rushed to the hospital but he had to lose a leg. It was alleged that he was pushed out of a running train by a TTE for not having a ticket.
The Commission had on December 12, 2012 ruled an award of `4 lakh compensation to the youth. But the directions have not been complied with by the Railways on various pretexts even though more than two years have passed.
The Railways has contended that since two cases of the alleged offence, on the basis of which the NHRC has directed for payment of compensation, were pending before the District and Sessions Judge, Bhadrak and the RCT, Bhubaneswar, it would like to wait for their outcome first. If the payment of compensation is made on the directions of NHRC and later the offence is not proved in court, it will be difficult to recover the amount.
The Commission has, however, taken stern note of the attitude of the Railways and observed that the GRP has filed chargesheet against the TTE in the court after completion of investigation in the case. This indicates that prima facie, the TTE was responsible for pushing the youth from the running train, which is a clear case of violation of human rights.
It also observed that the claim case before RCT was certain to fall as the victim was without a ticket as provided in the amended Provision of Sec 80 of Indian Railways Act.
“Therefore, results of the criminal case and the claim case before RCT have nothing to do with the compensation recommended for the victim,” the Commission ruled.