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HC pulls up DMRC for not appointing a Claims Commissioner

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Press Trust of India New Delhi
The Delhi High Court today pulled up Delhi Metro Rail Corporation (DMRC) for its "dereliction of duty" in not appointing a Claims Commissioner, as required by law, to redress grievances of victims of accidents within the premises of the authority.

Justice Manmohan expressed his displeasure over DMRC "shirking" its responsibility under the statute to appoint such a forum for addressing the pleas of accident victims and gave it three weeks time to appoint a Claims Commissioner after DMRC sought more time for the exercise.

"How can DMRC shirk its responsibility under the statute? Statute says you are supposed to have a forum for people to go to with their grievances. Right now, people are running all over the place for a remedy. Some are filing writ petitions, some suits. Yesterday, I asked one petitioner to file a suit.
 

"You (DMRC) can't say it is an expensive remedy. Till date, you have not appointed a Claims Commissioner. It is dereliction of duty on your part. People have suffered injuries. Some have died. It has to be done under the statute.

"Do it yourself. Don't make me pass orders under the statute and also castigate you in the process," Justice Manmohan said and listed the matter for further hearing on March 25.

DMRC lawyer told the court that it is considering appointing a Claims Commissioner and needs more time for it.

The court's remarks came while hearing a plea of a woman, Asiya Begum, who lost her son in an accident when he fell from the escalator at Chawri Bazar Metro station due to huge crowd. She has sought Rs 10 lakh in compensation.

The woman has moved the court saying DMRC rejected her application for compensation in March last year on the ground that it was not its fault and her son died due to his own negligence.

On December 11, 2011, Asiya Begum's son, Khan Mohammad, was coming down the escalator and due to a huge crowd he fell down which resulted in his death, as per her petition.

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First Published: Feb 18 2014 | 6:54 PM IST

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