Claims for Shramik train deaths to be referred to tribunal: Railways

NEW DELHI: Families of those who died on Shramik Special trains meant for transporting stranded migrant workers returning to their home states during the coronavirus disease (Covid-19) lockdown can seek compensation through the railway claims tribunal, which will decide on the matter on case-by-case basis, Railway Board chairman VK Yadav has said.

“There is a very set procedure for claims and there is a railway claims tribunal. All these cases are basically referred to the railway claim tribunal and on case to case basis these claims and compensations are decided and there is a very well laid-out procedure for that.” Yadav said at a virtual press conference on Friday.

Hindustan Times reported on May 30 that around 80 people had died on Shramik Special trains from May 9 till May 27, according to a Railway Protection Force report. Railways had clarified that the deaths had occurred because of pre-existing ailments.

Yadav said that the ministry of railways is yet to collate the final list of deaths on board Shramik trains.

“As far as the list is concerned, basically this is a state subject and so many states are involved and all these cases handled by state governments and they only finalise the cases so all those lists are yet to be collated...so far we haven’t been able to get the information from all the states but all the state governments are looking into those cases and they will be able to share the information only when they complete all the investigation and come out with their final report,” he said.

In an interview to HT on June 1, railways minister Piyush

Goyal said the ministry had been transparent about the deaths on board Shramik Special trains and insisted on compiling a list of them.

“Some of the stories are sought to be portrayed as if people died of hunger or starvation. I can say with confidence that no one died of hunger,” he said, adding that in long-distance travel, some deaths occur even in the course of normal operations.

To be clear, railways provides ex-gratia payment to victims of railway accidents under the Railway Act. The national transporter had in 2017 increased the compensation amount for the family of a deceased person to Rs 8 lakh. Compensation can also be sought under section 123 of the act citing “untoward incident.” However, in other cases, a claim for compensation can be pressed through the railway claims tribunal. “For cases of untoward incidents caused mostly by passengers, there is no ex-gratia. People can claim compensation through the railway claims tribunal,” a railway official explained, requesting anonymity.

AROUND 80 PEOPLE HAD DIED ON SHRAMIK SPECIAL TRAINS FROM MAY 9 TILL MAY 27, ACCORDING TO A RAILWAY PROTECTION FORCE REPORT