The recent incident involving a pedestrian’s death and injuries to two others due to a falling bearing pad from a metro rail pillar has highlighted a significant gap in the legal framework concerning compensation for metro rail-related accidents. The current Metro Rail Act states that families of individuals harmed or killed during metro rail operations are entitled to compensation as determined by regulations. However, the rules under the act do not clarify the method of determining compensation or the responsible party for its payment, leading to uncertainty for victims’ families.
According to the Metro Rail Act, the Dhaka Mass Transit Company Limited (DMTCL) must insure all passengers and third parties for compensation through these policies. Unfortunately, the implementation of such coverage has not taken place, leaving victims without recourse. Presently, compensation can only be granted through government decision or court order.
Following the recent accident in Farmgate, Adviser Muhammad Fouzul Kabir Khan announced compensation of Tk 5 lakh for the deceased victim’s family and a job offer at DMTCL for an eligible family member. The government will also cover the treatment expenses for the injured individuals. Victims of road, railway, or waterway accidents can seek compensation under relevant acts, such as the Road Transport Act-2018.
Metro rail, introduced in December 2022 under the Metro Rail Act-2015 and Metro Rail Rules-2016, operates under DMTCL. However, Section 25 of the Metro Rail Act, which mandates compensation for victims, lacks specific guidelines in the accompanying rules. Although Section 26 emphasizes sending injured persons for treatment and reimbursing medical costs, the rules do not address this provision. Section 28 requires DMTCL to insure passengers and third parties, yet the lack of insurance coverage leaves victims without benefits.
Khondaker Ehteshamul Kabir, the company secretary of DMTCL, acknowledged the absence of insurance coverage for metro rail, attributing it to financial constraints. Proposed amendments to the Metro Rail Act aim to address compensation issues on a case-by-case basis. Adviser Fouzul Kabir Khan mentioned the provision of Tk 5 lakh compensation under the Road Transport Act due to the insufficiency of relevant clauses in metro rail regulations, emphasizing the government’s commitment to establishing a compensation process for victims.