India | Posted on Apr 06, 2007 at 10:07pm IST

Court seizes train to pay ex gratia

Deepa BalakrishnanDeepa Balakrishnan, CNN-IBN

Tumkur (Karnataka): Over the last week, every time the Bangalore-Hubli Intercity Express chugged into Tumkur Railway Station, passengers were eager to see whether it would leave the station at all. This is because the train came very close to getting a permanent red signal.

A local court had ordered that the train be attached or seized, after the Railways failed to pay compensation to those killed in a rail accident.

“In September 2006 the additional civil judge passed an order awarding Rs 4 lakh to the kin of the victim. Immediately I requested the Railways to pay the amount. So far they have not paid,” victim's lawyer, M S Harish Babu said.

The case goes back nine years, when the Intercity Express ran over an autorickshaw in a crossing killing six people. The Railway enquiry had blamed the gateman for the negligence.

“It's a railway gate that is guarded but there was no locking system. Probably the auto driver lifted the barrier resulting in accident,” Railways’ lawyer, G S Ramasesha said.

But the victims' children never got compensation that was promised.

“The deceased’s minor daughters are suffering without food and shelter. So far the Railways has not settled their claim. They are now under the care and mercy of uncles,” Babu said.

That is when the sessions court ordered the attachment of movable properties of the Railways – computers, furniture and the Intercity Express itself.

Two days ago, court officials stopped the train to carry out the order. But eventually let it go after Railway officials pleaded for more time.

Now the Karnataka High Court has stayed the attachment but the mammoth Railway department still has a lot to worry about.

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