Metro mishap exposes legal void in victim compensation

The death of a pedestrian and injuries to two others -- caused by a bearing pad that fell from a metro rail pillar on Sunday -- have exposed a critical gap in the legal framework regarding compensation for victims of metro rail-related accidents.

The existing Metro Rail Act stipulates that if any person is injured or killed during metro rail operations, their family is entitled to compensation in an amount and manner determined by rules.

However, the rules formulated under the act do not specify how such compensation should be determined or who is responsible for paying it, leaving victims' families in legal uncertainty.

Under the act, the Dhaka Mass Transit Company Limited (DMTCL) is required to insure all passengers and third parties, with compensation to be provided through those insurance policies. However, no steps have been taken to implement such coverage, leaving victims with no avenue for redress.

At present, compensation can only be granted if the government decides to do so or if ordered by a court.

Following Sunday's incident in the capital's Farmgate area, Road Transport and Bridges Adviser Muhammad Fouzul Kabir Khan announced that the family of the deceased will receive Tk 5 lakh, and an eligible family member will be offered a job at DMTCL. The government will also bear the treatment costs of the injured.

The victims of road, railway, or waterway accidents can get compensation under relevant acts.

For example, under the Road Transport Act-2018, which entitles a trustee board to deal with the compensation issue, the family of a person killed in a road crash is entitled to Tk 5 lakh in compensation. Those who lose a limb or suffer life-altering injuries receive Tk 3 lakh each, while victims expected to recover fully are entitled to Tk 1 lakh.

However, most victims remain excluded from the scheme due to a lengthy and complex process, as well as a lack of awareness.

Metro rail, the country's newest mode of transport, was launched in December 2022 and operates under the Metro Rail Act-2015 and Metro Rail Rules-2016. It is operated by the state-run DMTCL.

LITTLE SCOPE TO GET COMPENSATION

Section 25 of the Metro Rail Act states, "If any person is injured, harmed, or dies as a result of an accident during metro rail operations, the licensee [DMTCL] shall be obligated to provide compensation to that person or the victim's family, as applicable, in the manner and amount determined by the rules."

However, the corresponding rules, which have 31 sections, make no mention of compensation.

Section 26 requires the metro rail authority to send any injured person to the nearest hospital for primary treatment and to reimburse medical expenses if the person seeks treatment independently, again "in the manner and amount determined by the rules". Yet, the rules are silent on this matter as well.

Section 28 mandates that DMTCL insure the metro rail, all passengers, and third parties -- a category that includes pedestrians affected by metro rail incidents. The licensee is also required to collect compensation from the insurance company within three months and provide it to the injured person or their family.

But DMTCL has yet to implement any such insurance coverage, leaving victims unable to benefit from these legal provisions.

Contacted by The Daily Star yesterday, Khondaker Ehteshamul Kabir, company secretary of DMTCL, admitted that neither the metro rail structure, its passengers, nor third parties are currently covered under any insurance policy, citing the enormous financial cost involved. "In this situation, the authorities have proposed an amendment to the Metro Rail Act to address compensation issues on a case-by-case basis."

When this correspondent pointed out that the existing law stipulates compensation, Kabir responded that the current rules under the act contain no such provision. "That's why we proposed an amendment to the act, and the proposal remains pending with the ministry."

Contacted, Adviser Fouzul Kabir Khan said he announced Tk 5 lakh in compensation for the victim in accordance with the Road Transport Act, due to the absence of relevant provisions in the metro rail regulations.

He added that the government will work on a process to ensure compensation for the victim.