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middaydolomite · 6 years

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A Guide to Long-Distance Rail Travel

In February 2019, the Twitter user @khanstopme published a series of tips about travelling by air. While I haven’t flown in some years, I have undertaken a lot of long-distance railway travel around the UK, and I was inspired to assemble the following tips for a more pleasant journey.

Remember these are subjective and based on personal experience, and some might only apply to the UK. It’s worth reading these tips in conjunction with the advice from the Seat 61 website and the Trip Savvy website.

Major train operators list and sell tickets for each other’s journeys, so you don’t need to create a separate online account for each operator you use. Nonetheless, remember that some tickets are only valid on a particular route, via a given station, with a named operator, and/or at certain times of the day.

Make sure to download a journey planning app in advance, either from National Rail or any train operator, and save the icon in an obvious place. That way, you can quickly check alternative trains if yours is cancelled or delayed.

A handful of rural stations are request stops. To board at one of these, you need to alert the driver as if hailing a cab. To stop, inform the ticket inspector well in advance.

Larger stations often have signs on the platform showing where each carriage stops, allowing you to stand near the correct door. If there are no signs, ask a member of staff. If you haven’t booked a specific seat, it’s worth asking whether there’s an unreserved carriage.

Use the station bathroom if you can, even if there’s a charge, as they’re usually cleaner than those on board. If you must use the train facilities, always check the hand-dryer works, then check the water, and only then dispense the soap. In case of unexpected jolts, always sit down, even if you don’t have to.

Decant any crucial items from your main bag in a smaller one, and keep all your travel tickets and railcards on your person. When you board, leave the main bag on the first available shelf, then head to your seat. Nobody will thank you for blocking the aisle while searching your luggage for essentials.

A seat described as ‘airline-style’ is one without a central table. These offer a little more privacy than table seats, and you won’t have to share the legroom with the passenger opposite.

Many parts of the British rail network still have patchy or absent mobile coverage. If your own phone has no signal, the train Wi-Fi probably won’t either. Download any video or audio before you go, or wait until a station, where the signal is usually better.

Carry a USB adaptor and a three-pin adaptor for charging your devices wherever power is available, and always carry your own battery pack in case it isn’t.

Read the emergency procedures in the carriage at your earliest convenience. Railway travel is one of the safest modes of transport, but accidents do happen.

If you stop in the middle of nowhere for apparently no reason, it’s usually because only one train can occupy a given part of the railway, so they’re waiting for another to move. Don’t take out your frustration on the train crew; there is nothing they can do about it.

To claim back part of your fare for a train delayed by more than 30 minutes – or with some operators, more than 15 minutes – search for ‘Delay Repay’ then the name of the operator, and fill out the online form with a photo of your ticket and/or reservation. Note that some automatic gates retain the ticket at the end of the journey, so take the photo before you reach this point.

If there’s anti-social behaviour on board, you can discreetly alert the British Transport Police with a text message to 61016, otherwise ring 0800 405040. In an emergency, always use 999.

If you have any additional tips, leave them in the comments.

#train #railway #travel #tips #experience #safety #advice #guide #efficiency

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thetexasattorneyblog · 3 years

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Wrongful Death Claims Involving Train-Car Collisions of Dangerous Railroad Crossings

Did you know that, on average, a railroad accident occurs every hour in the United States, according to data gathered by the National Transportation Safety Bureau? Derailments, train-train collisions, and train-motor vehicle crashes kill around three people per day. Furthermore, for more than two decades, the number of train accidents has been increasing.

No amount of money will be able to bring your loved one back if they are killed in a railway disaster. You, on the other hand, have actual losses—the support, love, and advice they would have given you. You have the right to hold the wrongdoers accountable for their actions and to receive full and fair recompense for your damages. Bailey and Galyen can assist you.

Attorneys with a track record of railroad fatality claims

For more than 40 years, Bailey & Galyen, with offices throughout Texas, has successfully handled a broad spectrum of personal injury claims for victims across the Lone Star State and around the country, including wrongful death lawsuits originating from railroad accidents. We are known and respected as one of the state's largest consumer litigation firms for our consistent ability to get favorable judgments and settlements for our clients. In our years of business, we have achieved verdicts and settlements for our personal injury clients totaling more than $500 million.

Anyone with a possible personal injury claim is entitled to a free initial consultation.

Committed to Providing Exceptional Personal Service and Attention

We realize how a personal injury can alter your life because of our extensive experience. We recognize the anxiety that comes with an injury. When you need to speak with us, we make every effort to be available and accessible. We'll take the time to explain the legislation and the legal procedure, as well as your rights, so you know what to expect at all times. We'll keep you informed about any changes or developments in your case, and we'll help you understand your options and possibilities of success so you can make the best decisions possible.

When you're ready, you should employ a wrongful death lawyer to help you safeguard your rights. Your lawyer will act quickly to obtain, examine, and preserve any evidence necessary to prove a wrongful death claim. Don't wait too long—evidence could be lost, and witnesses could go or forget what they saw.

When a loved one dies in a train accident, what types of compensation are available?

Following the wrongful death of a loved one, you have the right to seek compensation for the following:

You have lost any support that the deceased would have given you.

Any unpaid or uninsured medical bills incurred as a result of the accident

Companionship, consortium, guidance, direction, instruction, fostering, and affection are all things that have been lost.

Costs of a funeral and burial

Who is eligible to file a claim for a fatal train accident?

In Texas, a surviving spouse, child, or parent may bring a wrongful death lawsuit on their own or jointly. If none of those parties files a wrongful death claim within three months of the decedent's death, the decedent's estate's personal representative has the authority to initiate a wrongful death case.

Unlike many other jurisdictions, Texas allows adult children to sue for wrongful death when their parents die. A lawfully adopted child can sue if their adoptive parent dies, but not if their biological parent dies. Siblings are not eligible to launch a wrongful death lawsuit.

After a fatal train accident, how can Bailey and Galyen assist me?

For more than 40 years, Bailey & Galyen has fought for the rights of survivors in wrongful death claims throughout Texas. We understand the complexities that come with wrongful death litigation.

Bailey & Galyen can be contacted for more information. Following a Fatal Train Collision

If a loved one has perished in a passenger or freight train disaster, you will need the assistance of an expert attorney to obtain full and reasonable compensation. Bailey & Galyen's experienced personal injury lawyers provide a free introductory consultation. We handle all fatal train accident injury claims on a contingent fee basis. You will not be responsible for any legal fees unless and until we receive compensation for your losses.

Call 844-402-2992 or send us an email to make an appointment. Our phones are answered 24 hours a day, 7 days a week. On request, evening and weekend consultations are available. It is possible to communicate in Spanish.

With locations in Arlington, Bedford, Burleson, Carrollton, Dallas, Fort Worth, Grapevine, Houston, Mansfield, Mesquite, Midland/Odessa, Plano, Texarkana, and Weatherford, we offer experienced advice in deadly railway accident claims throughout Texas.

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williamrichard-posts · 4 years

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Bike Safety Tips to Avoid Mishaps and also Injury | H3D-Rally Raid Reason

In 2009, there were 4,595 fatal collisions including motorcycles across the USA, in which greater than 84,000 people were harmed. According to nationwide data, motorcyclists have to do with twenty-six times more likely to die and also 5 times more likely to be injured in a mishap than someone riding in an auto. There are a variety of concerns bike motorcyclists encounter when traveling that do not put on car motorists, including visual recognition as well as roadway threats. Considering that motorcycles make a smaller aesthetic target, they are far more likely to be obscured by various other vehicles, as well as a result, most likely to be involved in an accident. Additionally, while roadway problems might offer a minor trouble for cars, uneven pavement, pockets and also wet road conditions can be a significant risk for motorcycle motorcyclists.

Rally Raid

Motorcycle accidents can result in major injury and also fatality, and can be caused by any number of elements, consisting of malfunctioning layout or manufacture of the motorbike itself, as well as oversight for an additional vehicle driver. As a matter of fact, in two-thirds of crashes entailing a motorcycle as well as an additional lorry, the chauffeur of the various other vehicle violated the motorbike motorcyclist's right-of-way, thereby creating the crash. If you have actually been associated with a motorcycle crash, the negative consequences can substantially impact your life and also well-being. Looking for appropriate treatment complying with a motorbike mishap is vital; even if you do not really feel any type of severe discomfort, you might have in fact endured extreme injuries which can become chronic conditions later on in life, including whiplash as well as head trauma. The following step to take after being associated with a bike accident is to speak with a motorcycle accident lawyer to review your legal alternatives, as you may be entitled to monetary settlement for your injuries and medical costs.

Top-Ten Bike Security Tips

By taking additional procedures to shield on your own and also others while when traveling, you might be able to stop disastrous injuries as well as also fatality. The adhering to are the top ten motorbike safety pointers which can assist motorcyclists stay clear of accidents and major injuries.

1. Make eye get in touch with: You ought to never think various other drivers can see you. Always attempt to make eye call with drivers who may will pull out before you.

2. Check out "lorry language": Watch chauffeurs, bikers and also pedestrians meticulously. Even when they do see you coming close to, it is common for them to misjudge your rate and range.

3. Keep an eye out for left-turning cars at crossways: The most typical type of motorcycle mishap takes place when a motorcycle cyclist obtains hit by an oncoming lorry that is transforming left. 70% of motorcycle-versus-vehicle collisions occur at intersections.

4. Examine behind you when turning left from a highway: Always watch your mirrors and make sure you have lots of room behind you in case motorists fail to decrease.

5. Recognize dangerous road problems: There are a number of possibly harmful roadway problems which can raise the chance of a mishap occurring, consisting of sand, gravel, damp roadways, railway tracks, crushed rock, freeway sealant, fractures, and also various other road-surface dangers that might reduce your grip.

6. Drive meticulously on curves: A big percentage of motorcycle crashes include unsafe contours. Motorcycle cyclists might overshoot the road or cross the center line right into oncoming traffic. Cyclists must keep an eye when driving ahead, slow down and also choose the proper lane setting prior to encountering a curve.

7. Put on a good headgear: It is estimated that helmets stop head injuries in 67% of mishaps and fatalities in 29%. Used helmets might be harmed as well as for that reason unqualified current safety criteria.

8. Use protective garments created for motorcycle riders: Protective clothing not only keeps you cozy and completely dry, but it can also provide some defense during a mishap, shielding you from the weather condition and also flying particles. You need to never ever ride a bike in light-weight pants or shorts.

9. Safeguard your eyes and also face: When riding a motorbike, wind blowing in your eyes can avoid you from spotting prospective road threats, and also insects, debris and also dirt can hurt your face and eyes. Proper riding gear consists of a full-face safety helmet with an integrated face guard.

10. Show up: You ought to constantly wear bright reflective clothes and also maintain your front lights on when riding a motorbike. Flight in the lane placement where various other drivers can quickly see you as well as prevent the blind spots of all various other vehicles. Motorcycle Roadbook

Get In Touch With a Motorbike Crash Lawyer For Help

Chauffeur oversight is one of one of the most usual causes of accidents when traveling, frequently involving drivers that are texting, transforming the radio, or speaking on the phone. Driving sidetracked is a significant danger variable for motor vehicle accidents, particularly involving motorbikes which are usually smaller sized and also more challenging for various other vehicle drivers to identify when driving. Unfortunately, serious motorbike crashes can leave you with lasting injuries, preventing you from returning to function or perhaps doing daily tasks like going with a stroll or using the stairs. This significantly diminished lifestyle and loss of revenue is frequently come with by comprehensive medical bills, which can posture a considerable worry for several hurt victims. If you or a liked one has been injured in a bike crash, you might have premises to file a claim against the negligent party in order to gather reimbursement for your injuries, pain and suffering, medical expenditures, and loss of earnings. There are a variety of adding factors which are thought about in bike crash lawsuits, consisting of car regulations, conformity with traffic regulations, and medical therapy concerns. By contacting a motorbike crash legal representative, you can make sure that you are aware of your lawful options, that your legal rights are safeguarded, which the liable celebration is held responsible for his irresponsible activities.

#Motorcycle Roadbook #Rally Raid

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loyallogic · 6 years

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Railway Claims Tribunal – Claims and Refunds

In this article, Aditi Srivastava of Law School, BHU (Banaras Hindu University) discusses the Railway Claims Tribunal.

Railway Claims Tribunal

The administration of the Railways is not limited only to the running of the Railway, it is something beyond that. The functioning of the Railways also includes issues like the loss or damage to the goods of passengers travelling in the trains, non-delivery of the goods, thefts, accidents causing injuries and death of the passengers as well as of the common people and many more issues. Substantive liability of the Railway Administration for these issues is laid down in the Railway Act, 1989.

Since it is difficult to get fast adjudication in the normal courts since there are a large number of cases of all the areas running in these courts and all because the process to get justice in these courts is a bit complex. And, so the Railway Claims Tribunal was established under the Railway Claims Tribunal Act, 1987 which came into force from 8th November 1989 to provide the speedy justice to the rail users and passengers by way of expeditious payment of compensation to the victims of rail accidents, to give compensation to the people whose goods are lost or damaged while with railways. To provide better access to the people across the country, various benches of the tribunal are established in the country.

Chairman

The current Chairman of the Railway Claims Tribunal, Principal Bench (Delhi Bench) is Hon’ble Mr. Justice K Kannan.

The Chairman holds the office for a term of five years from the date on which he enters upon his office or until he attains, the age of sixty-five years.

Powers of the Chairman

Financial and administrative powers of Chairman

The chairman by the virtue of Section 11 of the Railway Claims Tribunal Act, 1987 has power to exercise such financial and administrative powers over the benches as may be vested in him under the Railways Claims Tribunal (Financial And Administrative Powers) Rules, 1989.

Rule 4 of the Railways Claim Tribunal (Financial And Administrative Powers) Rules, 1989 says that the Chairman shall have the powers in respect of matters specified in the schedule as are conferred on a General Manager of a railway administration.

Additional powers of Chairman

The Chairman as per clause 3 of section 4 of the Railway Claims Tribunal, 1987 has the power to transfer a Vice-Chairman or other member from one bench to another Bench.

As per clause 3 of section 4 of the Railways Claims Tribunal, 1987, the Chairman has a power to authorise the Vice-chairman or the other Judicial member or the technical member appointed to one bench to discharge also the functions of the Vice-Chairman or, as the case may be, the Judicial or the technical member of another bench.

Aim and Mission

The Railway Claims Tribunal is set up for meeting the goals discussed in the following paragraphs.

To provide for speedy and expeditious adjudication to the people

To provide a simple procedure which is consists of less formality by the medium of a specialized tribunal

To provide better access to justice by establishing benches in all throughout the country

To reduce the burden of the Courts of law as the railway cases go to a specialized tribunal now.

Jurisdiction

Jurisdiction of the Tribunal

The Railway Claims Tribunal exercises all such jurisdiction, powers, and authority as were exercisable immediately by any Civil Court or a Claims Commissioner appointed under the provisions of the Railways Act which are related to:

The responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims related to:

Compensation for loss, destruction, damages, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway,

Compensation payable under Sec. 124 & 124A of the Railways Act of the rules made thereunder; and

Claims for refund of fares or part thereof or for the refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.

Territorial Jurisdiction of the Benches

The territorial jurisdiction of the various benches of the Railway Claims Tribunal are provided in the table below:

Sr. No. The Bench of the Railway Claims Tribunal Territorial Jurisdiction of the Bench 1. Ahmedabad Gujarat, Union Territory of Diu. 2. Bangalore Karnataka 3. Bhopal Madhya Pradesh and Chattisgarh 4. Bhubaneswar Orissa

5. Mumbai i) Districts of Mumbai, Thane, Raigad, Pune, Nasik, Ahmednagar, Satara, Ratnagiri, Sindhydurg, Kolhapur, Sangli, Solapur, Dhule, Aurangabad, Beed of Maharashtra

ii) Union Territories of Dadra and Nagar Haveli.

iii) Goa

6. Nagpur All District of Maharashtra except those included in item (i) of column (3) against serial number 5.

7. Chandigarh Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir and Union territory of Chandigarh.

8. Kolkata(2) West Bengal, Union Territory of Andaman and Nicobar Islands.

9. Guwahati Assam, Sikkim, Mizoram, Arunachal Pradesh, Tripura, Manipur, Meghalaya, Nagaland.

10. Ernakulam Kerala, Union Territory of Lakshadweep.

11. Gorakhpur Districts of Gorakhpur, Deoria, Ballia, Ghazipur, Azamgarh, Mau, Basti, Siddharthnagar, Mirzapur, Robertsgang, Jaunpur, Faizabad, Gonda, Bahraich, Varansi, Maharaj Ganj, Kushinagar, Shravasti, Sant Kabir Nagar, Chandauli, Sant Ravi Das Nagar, Balrampur and Ambedkar Nagar of Uttar Pradesh.

12. Ghaziabad Districts of Agra, Bulandshahar, Moradabad, Bijnore, Mathura, Ghaziabad, Merrut, Aligarh, and Saharanpur, Jyotiba Phule Naagr(Amraha), Gautam Budh Nagar(Noida), Maha Maya Nagar(Hathras), Muzaffar Nagar, Rampur, Pilibhit and Mainpuri of the State of Uttar Pradesh, District of Hardwar & Dehradun of the State of Uttaranchal

12A. Lucknow All Districts of Uttar Pradesh and Uttaranchal except those included in Column (3) against serial number 11 and 12

13. Jaipur Rajasthan

14. New Delhi (2) Union Territory of Delhi

15. Patna Bihar

15 A. Ranchi Jharkhand

16. Chennai Tamil Nadu and Union Territory of Pondicherry

17. Secunderabad Andhra Pradesh

Benches across the Nation

The RCT (Railway Claims Tribunal) to provide better access to justice for the people has its benches throughout the nation. There are basically 21 benches of the RCT (including the principal bench at Delhi) at 18 major cities. The map provided will give you a clear idea of where the various branches are located.

Procedure Followed by the Railway Claims Tribunal

Section 18 of the Railway Claims Tribunal Act, 1987 talks about procedure and powers of Claims Tribunal.

The Claims Tribunal shall not be bound by the procedure which is laid down by the Code of Civil Procedure, 1908 (5 of 1908).

But, it shall be guided by the principles of natural justice and subject to other provisions of the Act and of any rules.

The Claim Tribunal is having the power to regulate its own procedure including the fixing of places and times of its inquiry.

Power of the Railway Claims Tribunal

The Section 18 of the Railway Claims Tribunal Act, 1987 mentions that for the purpose of discharging its functions under this Act, it shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit.

Compensation

The Railway Claims Tribunal basically provides for quicker relief and early payments of compensation in the following cases.

Death and injury in case of railway accident & untoward, in this case, the claimant has to file the claim directly before the Railway Claims Tribunal.

For loss, destruction, damage, deterioration, non-delivery of animal/goods booked by railway or for the refund of fare or freight in case the claimant is not satisfied with the relief that was provided by the railway administration.

Appeals

If a person is dissatisfied with the order of the Railway Claims Tribunal, he may file an appeal. The process of appeal is given under Section 23 of the Railway Claims Tribunal Act,1987.

Section 23 mentions that subject to sub-section (2) and anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal of every order of the Claims Tribunal ( not being an interlocutory order ), shall lie to the High Court having jurisdiction over the place where the bench is located.

Also, it is mentioned in Clause 2, of the same section, that no appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties.

Clause 3, of the section, says that every appeal shall be preferred within the period of ninety days from the date of the order appealed against.

Do you have to hire a Lawyer or you can present your own case before the Railway Claims Tribunal

As per section 19 of the Railway Claims Tribunal Act, 1987 a person who makes an application to the Claims Tribunal has an option either to appear in person or take the assistance of a legal practitioner of his choice to present his case before the Claim Tribunal.

Also, the Railway administration may authorize one or more legal practitioners or any of its officers to act as presenting officers and each of this so authorized person may present its case with respect to any application before the Claims Tribunal.

Who sits as a judge in the Tribunal?

Section 4 of the Railway Claims Tribunal Act, 1987 says that the Claims Tribunal shall consist of a Chairman, four Vice-Chairman and such number of Judicial Members and Technical Members as the Central Government may deem fit.

It further says that a Bench shall consist of one Judicial Member and one Technical member.

Qualification

Section 5 of the Railway Claims Tribunal Act, 1987 talks about the various qualifications for appointment of Chairman, Vice-Chairman or other members.

Clause 1 of the Section, says that a person shall not be qualified for appointment as the Chairman unless he-

Is, or has been, a Judge of a High Court, or

Has, for at least two years, held the office of a Vice-Chairman.

The Chairman, Vice-Chairman and every other Member shall be appointed by the President only after consultation with the Chief Justice of India.

Tenure

The tenure of office (as in Section 7 the Railway Claims Tribunal Act, 1987) of the Chairman, Vice-Chairman or other Member is for a term of five years from the date on which he enters upon his office or until he attains-

Age of sixty-five years (in the case of the Chairman) and

Age of sixty-two years, (in the case of the Vice-Chairman or any other Member), whichever is earlier.

Resignation

Clause 1 of Section 8 of the Railway Claims Tribunal Act, 1987 talks about the process of the Resignation of the Chairman, Vice-Chairman and other Member.

It says that the Chairman, Vice-chairman or other members may, by giving notice in writing under his hand addressed to the President, resign his office.

Also, it is mentioned that unless the person resigning, is permitted by the President to relinquish his office sooner, he is bound to continue to hold his office till 3 months from the date of receipt of such notice or until a person appointed to succeed him enters upon his office or until the expiry of his office term (whichever is the earlier).

Removal

As per Clause 2 of Section 8 of the Railway Claims Tribunal Act, 1987, the Chairman, Vice-Chairman or any other member shall be removed by the President only on the ground of misbehaviour or incapacity only after enquiry is made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other member had been informed of the charges against him and he was given a reasonable opportunity of being heard in respect of those charges.

Acts and Rules governing the Railway Claims Tribunal

The Railway Claims Tribunal Act, 1987

This Act provides for the establishment of a Railway Claims Tribunal to inquire into and determine claims against a railway administration for any loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents or untoward incidents and for matters connected therewith or incidental thereto. Act discusses Jurisdiction, powers, and authority of Claims Tribunal and appeals and procedures related to appeals. Also, the Act discusses various miscellaneous provisions.

This Act also provides for the following:

the jurisdiction, powers, and authority which may be exercised by the Claims Tribunal;

the procedure (including provisions as to limitation) to be followed by the Claims Tribunal;

the exclusion of jurisdiction of all Courts exercising ordinary civil jurisdiction relating to specified claims for compensation and refund against the railway administration;

the transfer to the Claims Tribunal of any suit or other proceeding, other than an appeal pending before any Court or other authority immediately before the establishment of such Claims Tribunal as would have been within the jurisdiction of such Claims Tribunal if the cause of action on which such suits or proceedings are based has arisen after such establishment.

This Act is available here.

The Railway Claims Tribunal (Procedure) Rules, 1989

These are the rules made by the Central Government dealing with the procedure for filing applications, application fees, documents to accompany the application, and other rules.

See Rules here.

The Railway Accidents And Untoward Incidents (Compensation) Rules, 1990

These are the rules made by the Central Government dealing with the claim of compensation, limit of compensation given in the case of the Railway Accidents and Untoward Incidents.

See Rules here.

Important Judgments

Few important judgments will give a clear idea of how the Railway Claims Tribunal functions and how and where the appeals from tribunal are dealt with.

Abhinandan vs Union of India

In this case of the year 2017, the Delhi High Court was hearing an appeal filed under Section 23 of the Railways Claim Tribunal. In this appeal, an order passed by the Railway Claims Tribunal in the year 2015, was challenged, in which his claim was dismissed. The Delhi High Court refused to grant compensation to this man, who had lost both his legs in an accident while he was boarding a train, observing that he had been intoxicated during the occurrence of the accident.

The reliance of the claim by the appellant was made on the basis of Section 124A of the Act, which says a that the injured person or the legal heirs of a deceased passenger, in case of an accident is entitled to compensation. But, the Proviso to the provision, disqualifies a passenger if he suffers from an injury on account of the state of intoxication.

It was held in this case “The object of the different sub-sections mentioned in the Proviso of Section 124A of the Railways Act is to provide for situations where the accident is caused on account of self-inflicted injury, and in which circumstances on account of the injury effectively being self-inflicted, the accident is not covered under the term “untoward incident” as provided under the Railways Act.”

Shyam Narayan and others vs Union of India

In the present case, the Delhi High Court was hearing an appeal challenging order passed in May 2016 by the Railway Claims Tribunal, which was filed under Section 23 of the Railway Claims Tribunal Act. In that order, the tribunal had denied compensation for the death of a passenger as according to the tribunal the deceased had died due to criminal negligence.

Relying on the first proviso to Section 124-A of the Railways Act, which says that compensation will be denied, in case death takes place on the account of suicide or attempted suicide, self inflicted injury, bonafide passenger’s own criminal act or an act committed by the deceased in the state of intoxication or insanity, the court said that as the deceased had tried to board a speeding train, the act of the deceased was one of the criminal negligence, and upheld the order given by the Tribunal.

The court held that “negligence will not disentitle grant of compensation under the Railways Act, however, once the negligence becomes a criminal negligence and self-inflicted injury then compensation cannot be granted”.

Website of the Railway Claims Tribunal

The website of the Railway Claims Tribunal provides users an access to cause list, case status, judgments and daily orders of the Tribunal. It also provides information to the users regarding Acts, RCT (procedure) rules, the Railway Act, provisions and notifications about various circulars. The claim of loss and damage are also available in downloadable forms. Also, details about the Tribunal, its aims, objectives, jurisdiction, benches, etc. are given on the website.

See Website here.

RCT Member’s Fraud Case

Recently, in January, this year a shocking news of fraudulent disbursement of compensation came up about a member of Railway Claims Tribunal (RCT), R K Mittal who had alleged irregularities in disbursement of around Rs 50 crore between 2015 and 2017 and a prob is going against him, according to Indian Express report. Principal bench’s chairman, Justice (retired) K Kannan had sent a letter to the Railway Ministry, about findings of the internal probe showing that Mittal was allegedly “complicit” with a group of five lawyers in Patna. These lawyers represented 91 percent of all the applicants during May 2015 to August 2017 to commit ‘deliberate fraud’ on the Railways. One of the key findings was that Mittal allegedly issued 950 “warrants of recovery” directly to the Reserve Bank of India, Patna, ordering it to deduct the money claimed from the Railways’ account.

Later, in the Feb, this year the Railway handed over a case against a member of the Railway Claims Tribunal (RCT) regarding the fraudulent disbursement of compensation to the Chief Justice of India (CJI).

Conclusion

With the establishment of the Railway Claims Tribunal in the country definitely, the access to justice is available to all the people. The justice is now speedy and easy to get. The Railway Claim Tribunal with its benches across the nation has also reduced the burden on courts in the country.

The post Railway Claims Tribunal – Claims and Refunds appeared first on iPleaders.

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juudgeblog · 6 years

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Railway Claims Tribunal – Claims and Refunds

In this article, Aditi Srivastava of Law School, BHU (Banaras Hindu University) discusses the Railway Claims Tribunal.

Railway Claims Tribunal

Chairman

The current Chairman of the Railway Claims Tribunal, Principal Bench (Delhi Bench) is Hon’ble Mr. Justice K Kannan.

The Chairman holds the office for a term of five years from the date on which he enters upon his office or until he attains, the age of sixty-five years.

Powers of the Chairman

Financial and administrative powers of Chairman

Additional powers of Chairman

The Chairman as per clause 3 of section 4 of the Railway Claims Tribunal, 1987 has the power to transfer a Vice-Chairman or other member from one bench to another Bench.

Aim and Mission

The Railway Claims Tribunal is set up for meeting the goals discussed in the following paragraphs.

To provide for speedy and expeditious adjudication to the people

To provide a simple procedure which is consists of less formality by the medium of a specialized tribunal

To provide better access to justice by establishing benches in all throughout the country

To reduce the burden of the Courts of law as the railway cases go to a specialized tribunal now.

Jurisdiction

Jurisdiction of the Tribunal

The responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims related to:

Compensation for loss, destruction, damages, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway,

Compensation payable under Sec. 124 & 124A of the Railways Act of the rules made thereunder; and

Claims for refund of fares or part thereof or for the refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.

Territorial Jurisdiction of the Benches

The territorial jurisdiction of the various benches of the Railway Claims Tribunal are provided in the table below:

5. Mumbai i) Districts of Mumbai, Thane, Raigad, Pune, Nasik, Ahmednagar, Satara, Ratnagiri, Sindhydurg, Kolhapur, Sangli, Solapur, Dhule, Aurangabad, Beed of Maharashtra

ii) Union Territories of Dadra and Nagar Haveli.

iii) Goa

6. Nagpur All District of Maharashtra except those included in item (i) of column (3) against serial number 5.

7. Chandigarh Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir and Union territory of Chandigarh.

8. Kolkata(2) West Bengal, Union Territory of Andaman and Nicobar Islands.

9. Guwahati Assam, Sikkim, Mizoram, Arunachal Pradesh, Tripura, Manipur, Meghalaya, Nagaland.

10. Ernakulam Kerala, Union Territory of Lakshadweep.

12A. Lucknow All Districts of Uttar Pradesh and Uttaranchal except those included in Column (3) against serial number 11 and 12

13. Jaipur Rajasthan

14. New Delhi (2) Union Territory of Delhi

15. Patna Bihar

15 A. Ranchi Jharkhand

16. Chennai Tamil Nadu and Union Territory of Pondicherry

17. Secunderabad Andhra Pradesh

Benches across the Nation

Procedure Followed by the Railway Claims Tribunal

Section 18 of the Railway Claims Tribunal Act, 1987 talks about procedure and powers of Claims Tribunal.

The Claims Tribunal shall not be bound by the procedure which is laid down by the Code of Civil Procedure, 1908 (5 of 1908).

But, it shall be guided by the principles of natural justice and subject to other provisions of the Act and of any rules.

The Claim Tribunal is having the power to regulate its own procedure including the fixing of places and times of its inquiry.

Power of the Railway Claims Tribunal

Compensation

The Railway Claims Tribunal basically provides for quicker relief and early payments of compensation in the following cases.

Death and injury in case of railway accident & untoward, in this case, the claimant has to file the claim directly before the Railway Claims Tribunal.

Appeals

If a person is dissatisfied with the order of the Railway Claims Tribunal, he may file an appeal. The process of appeal is given under Section 23 of the Railway Claims Tribunal Act,1987.

Also, it is mentioned in Clause 2, of the same section, that no appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties.

Clause 3, of the section, says that every appeal shall be preferred within the period of ninety days from the date of the order appealed against.

Do you have to hire a Lawyer or you can present your own case before the Railway Claims Tribunal

Who sits as a judge in the Tribunal?

It further says that a Bench shall consist of one Judicial Member and one Technical member.

Qualification

Section 5 of the Railway Claims Tribunal Act, 1987 talks about the various qualifications for appointment of Chairman, Vice-Chairman or other members.

Clause 1 of the Section, says that a person shall not be qualified for appointment as the Chairman unless he-

Is, or has been, a Judge of a High Court, or

Has, for at least two years, held the office of a Vice-Chairman.

The Chairman, Vice-Chairman and every other Member shall be appointed by the President only after consultation with the Chief Justice of India.

Tenure

Age of sixty-five years (in the case of the Chairman) and

Age of sixty-two years, (in the case of the Vice-Chairman or any other Member), whichever is earlier.

Resignation

Clause 1 of Section 8 of the Railway Claims Tribunal Act, 1987 talks about the process of the Resignation of the Chairman, Vice-Chairman and other Member.

It says that the Chairman, Vice-chairman or other members may, by giving notice in writing under his hand addressed to the President, resign his office.

Removal

Acts and Rules governing the Railway Claims Tribunal

The Railway Claims Tribunal Act, 1987

This Act also provides for the following:

the jurisdiction, powers, and authority which may be exercised by the Claims Tribunal;

the procedure (including provisions as to limitation) to be followed by the Claims Tribunal;

the exclusion of jurisdiction of all Courts exercising ordinary civil jurisdiction relating to specified claims for compensation and refund against the railway administration;

This Act is available here.

The Railway Claims Tribunal (Procedure) Rules, 1989

These are the rules made by the Central Government dealing with the procedure for filing applications, application fees, documents to accompany the application, and other rules.

See Rules here.

The Railway Accidents And Untoward Incidents (Compensation) Rules, 1990

These are the rules made by the Central Government dealing with the claim of compensation, limit of compensation given in the case of the Railway Accidents and Untoward Incidents.

See Rules here.

Important Judgments

Few important judgments will give a clear idea of how the Railway Claims Tribunal functions and how and where the appeals from tribunal are dealt with.

Abhinandan vs Union of India

Shyam Narayan and others vs Union of India

Website of the Railway Claims Tribunal

See Website here.

RCT Member’s Fraud Case

Conclusion

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vinayv224 · 5 years

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Win McNamee/Getty Images

Impeachment is really happening; Pakistani train ignites and death toll rises.

Vox Sentences is your daily digest for what’s happening in the world. Sign up for the Vox Sentences newsletter, delivered straight to your inbox Monday through Friday, or view the Vox Sentences archive for past editions.

This week in impeachment news

The latest testimony from the House’s impeachment investigation into President Trump: the White House didn’t just place Trump’s call with the Ukrainian president into a secure system — a senior White House lawyer directed everyone not to talk about it. [Politico / Natasha Bertrand]

That came from Alexander Vindman, a National Security Council member. Trump’s supporters immediately smeared him based on his immigrant background. [Slate / William Saletan]

The other major news this week was the House’s vote on impeachment procedures. It passed with two Democrats opposing it. [Vox / Andrew Prokop]

The vote occurred on that same day that senior National Security Council aide Timothy Morrison and Ambassador to Ukraine William B. Taylor Jr. gave closed-door testimony about President Trump’s call to Ukraine. [New York Times / Nicholas Fandos]

Politico has a comprehensive graphic of the most powerful and influential people involved in the impeachment inquiry. [Politico]

Despite Trump’s claims that the impeachment inquiry is actually good for him, polling indicates near-majority support for his removal. [Vox / Aaron Rupar]

How did Ukrainian President Volodymyr Zelenskiy get dragged into an American impeachment scandal anyways? [NPR / David Greene, Shannon Rhoades, and Arezou Rezvani]

Coming this Saturday on Impeachment, Explained: Andrew Prokop sits down with Ezra Klein and is joined by Rep. Zoe Lofgren, the only member of the House to be there during both the Nixon and Clinton impeachments, who explains exactly how the House impeachment process works. [Vox / Ezra Klein]

Pakistan train passengers killed in fire

A train passing through the town of Rahim Yar Khan, Pakistan combusted after a gas canister exploded. [CNN / Julia Hollingsworth and Adeel Raja]

”We could hear people crying and screaming for help. I thought we would die. The next car was on fire. We felt so helpless,” said surviving passenger Chaudhry Shujaat. Shujaat boarded the train only a few hours earlier with his wife and two children. [NBC News]

The death toll has risen to 74, with at least 30 injured. Survivors blame many of the fatalities on the failure of the train to stop until 20 minutes after the explosion. [TIME / Asim Tanveer]

Pakistani Railways Minister Sheikh Rashid Ahmed said that the train authorities should accept responsibility for failing to enforce safety standards that prohibited the use of personal gas stoves onboard. [Al Jazeera]

While officials have debated if train accidents are at an all time high, the data is still murky. [BBC]

Miscellaneous

Here’s the other dog from the al Baghdadi raid. [CNN / Nora Neus]

More than just politics, reparations hit at something deeper. [Vox / Tiffanie Drayton]

After living most of his life in New York, Trump declares residence in Florida. [New York Times / Maggie Haberman]

Google purchases wearable tech company Fitbit for over $2 billion. [CNBC / Lauren Feiner]

Europe is looking to get rid of daylight saving time shifts by 2021. [The Guardian / Jennifer Rankin]

Verbatim

“Despite scientific evidence demonstrating that animals ... are sentient, intelligent beings, the average American consumes more than 220 pounds of red meat and poultry per year. The power of the $4.6 trillion global carnistic industry is unprecedented.” [Founder and president of Beyond Carnism Melanie Joy on the impact of eating meat]

Listen to this: Instagram’s war on nipples

How a social media platform is campaigning against this sexualized body part and what it’s doing to expression. [Spotify]

In Iowa, only 5 percent of Biden supporters are younger than 45

The 11-day teachers’ strike in Chicago paid off

The radical reform necessary to prepare California’s power system for the 21st century

White House: the opioid epidemic cost $2.5 trillion over 4 years

He needed a gender-affirming procedure. The hospital said no.

from Vox - All https://ift.tt/2WzCHzQ

#IFTTT #Blogger

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maxwellyjordan · 6 years

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Argument preview: Please tax me more?

At first glance, BNSF Railway Co. v. Loos looks like an utterly unremarkable case on the docket for the Supreme Court’s November sitting. The petitioner is a frequent litigant before the court; the statute at issue (the Railroad Retirement Tax Act) is frequently litigated; and the amount in controversy ($3,765) is piddling by Supreme Court standards. But look again and you’ll see that, notwithstanding the rather drab window dressing, something quite extraordinary is going on.

BNSF, the largest freight railroad network in North America, is arguing that railroads and their employees should pay more in federal payroll taxes. Yes, you are reading that right: BNSF — the company formerly known as Burlington Northern and Santa Fe Railway — is arguing for a higher tax bill. Why would a for-profit corporation do such a thing? The answer appears to have nothing to do with the fact that the chairman and CEO of BNSF’s parent company Berkshire Hathaway, Warren Buffett, believes that Congress should tax the rich more heavily. Rather, BNSF says it’s concerned about the solvency of the Railroad Retirement System, upon which BNSF employees depend for their pensions. Respondent Michael Loos and those filing “friend of the court” briefs on his behalf argue that the railroad’s motivations are not nearly as altruistic. Rather, they claim that a victory for BNSF here — though leading to a higher tax bill in the short term — would actually allow BNSF and other railroads to pay less to injured employees in the long run.

To understand each side’s claims, it helps to step back and take stock of the statutory scheme that produces this peculiar alignment of interests. The Railroad Retirement Tax Act of 1937 — familiar to some readers from last term’s not-at-all-blockbuster case Wisconsin Central Ltd. v. United States — imposes taxes on “compensation” paid by railroads to their workers. Employers and employees each pay a “Tier 1” tax of 6.2 percent on compensation up to an annual maximum of $128,400. Employers also pay a “Tier 2” tax of 13.1 percent on compensation up to $4,674.60, and employees pay a “Tier 2” tax of 4.9 percent for employees on compensation up to $95,400. Together, these taxes finance a retirement system that provides more generous benefits to former railroad employees than to workers in other industries. Due to the existence of this separate system, lifelong railroad employees don’t receive Social Security benefits, and they and the railroads aren’t subject to Social Security payroll taxes.

As may be apparent already, the definition of “compensation” plays a crucial role in determining RRTA liabilities. The statute defines “compensation” to mean “any form of money remuneration paid to an individual for services rendered as an employee to one or more employers.” Last term, in Wisconsin Central, the court considered whether “compensation” includes stock options. (Answer: No.) The question here is whether “compensation” includes an award of lost wages for a former railroad employee who was ultimately dismissed after an on-the-job injury.

The respondent, Michael Loos, was a conductor, brakeman and switchman at BNSF for nearly a decade and a half before he fell into a snow-covered drainage grate in a railyard in December 2010. Loos twisted his knee in the accident — an injury that caused him to miss several months of work — and BNSF ultimately fired him for violating the company’s attendance policy. Loos sued the railroad for negligence (among other claims), and a jury awarded him $30,000 for lost wages plus $96,211.78 for pain, disability, emotional distress and medical expenses.

BNSF then moved under Federal Rule of Civil Procedure 59(e) to offset the $30,000 lost-wages award by the $3,765 that it says Loos owes in RRTA taxes. (If you’re counting, $3,765 is a product of the 6.2 percent employee Tier 1 tax, the 4.9 percent employee Tier 2 tax, and an additional 1.45 percent in Medicare taxes multiplied by the $30,000 lost-wages award.) The district court denied the motion, and the U.S. Court of Appeals for the 8th Circuit affirmed. Writing for a unanimous panel, 8th Circuit Judge Raymond Gruender emphasized that “compensation” under the RRTA is limited to remuneration “for services rendered,” whereas an award for lost wages is a payment for services not rendered. The 8th Circuit also noted that the RRTA’s definition of “compensation” had explicitly included payments for “time lost” in the past, but Congress scrapped that language from the statute in 1983. The court interpreted this change to mean that Congress wanted to exempt lost wages from RRTA taxation.

The 8th Circuit’s interpretation added to a split among state courts regarding the RRTA’s application to lost-wages awards in personal injury cases. BNSF successfully sought certiorari and now urges the justices to hold that lost-wages awards are taxable under the RRTA — a result that would increase the tax liabilities of railroad employees as well as of the railroads themselves. BNSF makes much of a 1946 Supreme Court case called Social Security Board v. Nierotko, which held that back-pay awards count toward Social Security wage credits for non-railroad employees. The statute in Nierotko defined wages to include remuneration for “any service, of whatever nature, performed … by an employee for his employer.” The court in that case concluded that the term “service” means “not only work actually done but the entire employer-employee relationship for which compensation is paid to the employee by the employer,” including back pay. BNSF argues for the same interpretation of the term “services rendered” here.

BNSF also points to a provision in the RRTA that specifically excludes payments under disability insurance plans from the definition of “compensation.” The railroad argues that the 8th Circuit’s interpretation of “compensation” would render that statutory exemption superfluous. BNSF further notes that the RRTA’s companion statute — the Railroad Retirement Act, which addresses the availability of benefits under the Railroad Retirement System — explicitly includes payments for lost time in its definition of “compensation.” Thus, an employee’s receipt of a lost-wages award increases the retirement benefits that she can claim. The railroad argues that “the RRA and the RRTA represent different sides of the same coin” and that if lost-wages awards are included in the RRA’s benefits base, they should be taxed under the RRTA too.

BNSF invokes two additional sources that are perhaps less likely to sway an increasingly textualist court that is skeptical of legislative history and agency deference. First, the railroad points to statements by members of the House and Senate suggesting that the removal of the “time lost” language from the RRTA’s definition of “compensation” was a purely “administrative change” that did not narrow the tax base. Second, the railroad cites a 1994 Treasury regulation that defines “compensation” for RRTA purposes to include “pay for time lost.” BNSF argues that — consistent with the doctrine of Chevron, U.S.A., Inc. v. Natural Resources Defense Council — the justices should defer to Treasury’s reasonable interpretation. The solicitor general seconds that argument in its amicus brief on BNSF’s behalf.

Loos, for his part, leads off with the textualist argument that won over the 8th Circuit: A lost-wages award is payment for a tort, not a payment for “services rendered.” Loos also argues that the inclusion of lost wages in the formula for railroad retirees’ benefits does not mean that those payments must be taxable under the RRTA. He suggests that Congress could — for “humanitarian” reasons — extend retirement benefits on the basis of lost-wages awards to injured employees without wanting to tax those same amounts.

Loos makes a number of additional arguments that probably won’t prove decisive. For example, he argues on the basis of legislative history and contemporaneously enacted statutes that even if “pay for time lost” counts as “compensation,” a judgment in a negligence case is not “pay for time lost.” He also points to a provision elsewhere in the Internal Revenue Code, Section 104(a)(2), which excludes damages for personal physical injuries from the definition of “gross income.” However, the RRTA does not use the term “gross income,” a point that BNSF hammers home in its reply brief.

Lurking in the background of all these arguments is a question about the parties’ motives. BNSF says its interpretation of the RRTA would preserve the “stability” of the Railroad Retirement System by ensuring that tax revenues are adequate to fund benefits. Loos retorts that the system is doing just fine: The agency that runs it recently told Congress that it anticipates “no cash-flow problems during the next 29 years.” Loos surmises that the BNSF wants lost-wages awards to be taxed so that railroads have more leverage in settlement negotiations with injured workers. In a settlement, the parties potentially can allocate a larger share of the payment to pain-and-suffering damages (which aren’t taxable under the RRTA) and less to lost wages. According to Loos, the railroads want to use the “threat” of tax liability for lost wages awards to “coerce” workers into accepting smaller settlement offers.

Questions swirl around the federal government’s intentions as well. In the 8th Circuit, the Justice Department’s Tax Division conceded that payments to non-railroad employees for wages lost due to personal physical injuries are not subject to Social Security payroll taxes. The solicitor general now says in its merits-stage amicus brief that the government has changed its view. Thus the Loos case may turn out to be the first front in an effort by the federal government to include lost-wages awards in the payroll tax base — an effort that, if successful, would have implications far beyond the railroad context.

For BNSF, this case is a gamble. If it succeeds, it may be an instance of “winning by losing by winning.” By winning here, the railroad will lose out by owing more in RRTA taxes on lost-wages awards but perhaps win in the long run by pressuring more injured workers to settle for less. As a business litigant before a business-friendly court, and as the petitioner before a court where petitioners win more than 70 percent of the time, BNSF likely believes that the odds are in its favor. But Loos has a strong textualist arrow in his quiver in front of a court where textualist arguments often trump. Here’s one prediction that seems reasonably certain: It will be a long time before we again see the subsidiary of one of the world’s largest companies come into the Supreme Court and say, “please tax me more.”

The post Argument preview: Please tax me more? appeared first on SCOTUSblog.

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bestillinoisplumbing · 6 years

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thetexasattorneyblog · 3 years

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Collisions between trains and motor vehicles | Dangerous Train Crossings | Fatal Train Accidents

You want an experienced and qualified attorney to safeguard your rights if you or a loved one is injured in a railroad accident, or if a loved one is killed in a train catastrophe. Bailey and Galyen can assist you.

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Train incidents, including collisions between trains and cars or commercial trucks, collisions between two trains, and derailments, can result in personal injury claims.

Hazardous railroad crossings, whether owing to poor maintenance or construction, restricted views or broken or defective warning signs or signals, cause accidents.

Accidents caused by sloppy train, track, or railroad crossing maintenance.

Accidents are caused by railway parts or products that are unsafe or defective.

Accidents involving trains or railroads might result in wrongful death claims.

What Should I Do Immediately Following a Train Accident?

Your health and safety should always be your primary priority following an accident. If you can safely remain in your current location until emergency medical help arrives, do so. Any needless movement could aggravate your ailments. Seek treatment right away, whether it's at a hospital, an urgent care center, or your doctor. The longer you wait to seek care, the more likely your injuries will become more severe and your legal rights may be jeopardized. Anything out of the norm should be reported to your doctor or nurse, and you should request that they document everything in writing.

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dirjoh-blog · 8 years

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This is probably one of the most disturbing murder cases in history. The fact that the victim was a toddler is awful enough but knowing that two 10-year-old’s, Jon Venables and Robert Thompson from England, who killed and mutilated the body of the 2-year-old James Bulger, makes it nearly unfathomable.Even more disturbing is that the killers have been released from jail with new identities.

The fact that the suspects were so young came as a shock to investigating officers, headed by Detective Superintendent Albert Kirby, of Merseyside Police. Early press reports and police statements had referred to Bulger being seen with “two youths” (suggesting that the killers were teenagers), the ages of the boys being difficult to ascertain from the images captured by CCTV.

Forensic tests confirmed that both boys had the same blue paint on their clothing as found on Bulger’s body. Both had blood on their shoes; the blood on Thompson’s shoe was matched to Bulger’s through DNA tests. A pattern of bruising on Bulger’s right cheek matched the features of the upper part of a shoe worn by Thompson; a paint mark in the toecap of one of Venables’s shoes indicated he must have used “some force” when he kicked Bulger.

The boys were each charged with the murder of James Bulger on 20 February 1993,[7] and appeared at South Sefton Youth Court on 22 February 1993, when they were remanded in custody to await trial. In the aftermath of their arrest, and throughout the media accounts of their trial, the boys were referred to as ‘Child A’ (Thompson) and ‘Child B’ (Venables).While awaiting trial, they were held in the secure units where they would eventually be sentenced to be detained indefinitely.

On that fateful day, the troubled boys were skipping school and wandering around a busy mall, stealing sweets, batteries and a bucket of paint – items that were later to be found at the murder scene. Casually observing children, they were looking for a child to abduct. The plan was to lead the victim to a busy road and push him into the path of oncoming traffic.

On February the 12th, 1993. James was out shopping with his mother in the New Strand Shopping Centre near Kirkby, England.

His mother Denise was briefly distracted inside a butcher’s shop on the lower floor of the center. A minute later she realized her son had disappeared. James had been wandering by the open door of the shop when Thompson and Venables caught his attention and lured him out of the mall at 3:42 pm.

Denise panicked and headed to the mall’s security office. She described her son’s appearance and what was he wearing: a blue jacket and grey sweat suit, a blue scarf with a white cat on it and a t-shirt with the word ‘Noddy’ on it. For security, it was a routine day. They often had to announce the description of a lost child over the loudspeaker so that parents could reunite with their child at the information centre. But what started off as a lost child in the mall, turned out to be one of the most prolific missing child cases in the history of the UK.

At 4:15 pm, the local Police Station was notified.

Sometimes he ran ahead, other times he fell behind. The boys were walking around aimlessly until they reached a nearby canal and proceeded to go under a bridge to an isolated area. There, they dropped James on his head. Venables and Thompson ran away, leaving the toddler crying. A lady saw James sobbing and assumed he was just playing with the local kids.

In his utter innocence, bruised and crying, James followed the boys once again. Several witnesses saw them and later described a boy crying and older boys kicking him. No one intervened, thinking that older brothers were just fooling around and watching over their younger sibling..

At approximately 5:30 pm, after more than a two-mile hike, Venables and Thompson decided to go to the railway tracks to finish the business. Between 5:45p m and 6:30 pm, James was brutally murdered.

The assault began with the boys pouring the stolen paint from the mall into James’ eyes. They pulled off his pants and underwear, mutilated his foreskin and inserted batteries into his anus. They kicked, threw stones and eventually smashed his skull with an iron bar. When they believed James was dead, they laid his body on the tracks, covering his bleeding head with bricks and rubbish, making it look like an accident.

They left just before the train came. The forensic pathologist of the case, Dr. Alan Williams, stated that James suffered so many injuries – 42 in total – that he was not able to confirm any one of them as the fatal blow, beyond the fact that he had died before the train cut his body in half.

Police got a hold of the CCTV footage of James’ abduction. The disappearance made the evening news and calls immediately poured in. Two days later, the severed body was found lying on the tracks. When the circumstances became public, the crime scene was flooded with hundreds of bouquets of flowers. The tabloids denounced the people who had seen the abduction but had not intervened to aid him.

Three days later, a breakthrough came when a woman recognised Venables on the released low-resolution photo from the CCTV footage. The tip-off led to an arrest and the boys were taken to separate police stations where they gave a total of 20 interviews over three days.

The boys confessed and were found guilty on the 24th of November, 1993, and received the sentence that would keep them behind bars for at least until they reached the age of 25. This decision made Venables and Thompson the youngest convicted murderers in modern English history and the youngest convicted murderers of the 20th century.

In 1999, lawyers for Thompson and Venables appealed to the European Court of Human Rights that the boys’ trial had not been impartial, since they were too young to follow proceedings and understand an adult court. The European court dismissed their claim that the trial was inhuman and degrading treatment, but upheld their claim they were denied a fair hearing by the nature of the court proceedings. The European Court also held that Michael Howard’s intervention had led to a “highly charged atmosphere”, which resulted in an unfair judgment.On 15 March 1999, the court in Strasbourg ruled by 14 votes to five that there had been a violation of Article 6 of the European Convention on Human Rights regarding the fairness of the trial of Thompson and Venables, stating: “The public trial process in an adult court must be regarded in the case of an 11-year-old child as a severely intimidating procedure”.

In September 1999, Bulger’s parents applied to the European Court of Human Rights, but failed to persuade the court that a victim of a crime has the right to be involved in determining the sentence of the perpetrator.

The European court case led to the new Lord Chief Justice, Lord Woolf, reviewing the minimum sentence. In October 2000, he recommended the tariff be reduced from ten to eight years, adding that young offender institutions were a “corrosive atmosphere” for the juveniles.

In June 2001, after a six-month review, the parole board ruled the boys were no longer a threat to public safety and could be released as their minimum tariff had expired in February of that year. The Home Secretary David Blunkett approved the decision, and they were released a few weeks later on lifelong licence after serving eight years.

Both men “were given new identities and moved to secret locations under a “witness protection”-style programme.” This was supported by the fabrication of passports, national insurance numbers, qualification certificates and medical records. Blunkett added his own conditions to their licence and insisted on being sent daily updates on the men’s actions.

The terms of their release include the following: they are not allowed to contact each other or Bulger’s family; they are prohibited from visiting the Merseyside region;curfews may be imposed on them and they must report to probation officers. If they breach these rules or are deemed a risk to the public, they can be returned to prison.

An injunction was imposed on the media after the trial, preventing the publication of details about the boys. The worldwide injunction was kept in force following their release on parole, so their new identities and locations could not be published.

Blunkett stated in 2001: “The injunction was granted because there was a real and strong possibility that their lives would be at risk if their identities became known.

In the months after the trial, and the birth of their second son, the marriage of Bulger’s parents, Ralph and Denise, broke down; they divorced in 1995. Denise married Stuart Fergus and they have two sons together. Ralph also remarried and has three daughters by his second wife.

On 2 March 2010, the Ministry of Justice revealed that Jon Venables had been returned to prison for an unspecified violation of the terms of his licence of release. The Justice Secretary Jack Straw stated that Venables had been returned to prison because of “extremely serious allegations”, and stated that he was “unable to give further details of the reasons for Jon Venables’s return to custody, because it was not in the public interest to do so.”On 7 March, Venables was returned to prison on suspected child pornography charges.

In November 2011, it was reported that officials had decided that Venables would stay in prison for the foreseeable future, as he would be likely to reveal his true identity if released. A Ministry of Justice spokesman declined to comment on the reports. On 4 July 2013, it was reported that the Parole Board for England and Wales had approved the release of Venables.

On 3 September 2013, it was reported that Venables had been released from prison

The murder of the toddler James Bulger This is probably one of the most disturbing murder cases in history. The fact that the victim was a toddler is awful enough but knowing that two 10-year-old’s, Jon Venables and Robert Thompson from England, who killed and mutilated the body of the 2-year-old James Bulger, makes it nearly unfathomable.Even more disturbing is that the killers have been released from jail with new identities.

#Child Murder #Children #History #James Bulger #Jon Venables #Robert Thompson

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jokingjustice · 8 years

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DOCUMENTS ATTESTATION AND FEDERAL OMBUDSMAN’s

GREAT LOVE AFFECTION FOR OVERSEAS PAKISTANIS

Two Documents are lying before the eyes of this 70 years old unable to judge the “extent” of cruelty and conscious-degradation as a nation we today are in. The Documents in question paint cruelty. While the head of this senior citizen having 45 plus years rich high office experience is down in extreme self shame, he could not however at the same time control his burst of abrupt spontaneous laughter reading that how the Federal Ombudsman Office loves, cares affectionately the Overseas Pakistanis (OPs). It is said that one’s continuous sufferings and pains become unbearable, the suffering in his blind-mindless often starts laughing.

2. The first Document titled Federal Ombudsman of Pakistan “HANDBOOK FOR OVERSEAS PAKISTANIS” I found recently on our Ministry of Foreign Affairs website surfing the net. It describes in brief what steps for the benefit of the OPs, the Ombudsman Office has (further!) initiated. One such step is titled “Attestation of Documents” advising the Ministry of Foreign Affairs to make SOPs for early attestation of documents by the Pakistan Embassies submitted by OPs.

3. A few years back, based on long life experience to avoid myself from trouble, pre-hand I requested the Overseas Pakistanis foundation (OPF) Islamabad to let me have full procedure for transfer of a plot. OPF sent me a set of about 8-10 prescribed blank specimens of Documents comprising affidavits, indemnity bonds, statements, declarations etc. It advised me, in writing, on completion to get all those “attested from the Pakistan Embassy” Bahrain. It cost me about Rs. 8000/-. When the completed Documents were sent to OPF Head Office Islamabad, it refused to accept those.

4. The Director OPF Lahore told me over the phone that the attestation from the Pakistan Embassies, as per OPF official policy, was not acceptable. According to the Director the attestation from our Embassies was not trustworthy. He advised me to come personally to Lahore which I did. The Director directed me to go to a particular Estate Agent on main Raiwind Road Lahore to get all the said Documents get freshly prepared by the said Estate Agent. At an additional cost of about Rs. 10,000 (Rs. 2 lac travel expense extra) I got the “SAME” Documents prepared (typed) from the said Estate Agent. The Estate Agent told me that he was not formally an official agent of OPF, but confirmed that the Director OPF had facilitated his Agency access to OPF internal Data Server to download the Standard Documents for sale to the customers like me. I observed that after downloading and filling up the blanks, the Estate Agent was feeding in his printer a Justice of Peace Pre-attested blank judicial papers; an illegal practice. I approached the Ministry of Overseas Pakistanis Islamabad and the then Prime Minister, President, Anwer Beg PPP Senator and some others that if Embassies attestation was not trustworthy why then the OPF was advising the documents to be attested from there. As usual I never got any response. I approached then the Ministry of Foreign Affairs that if its attestation was not recognized why then the Ministry was wasting huge on keeping consular sections abroad and why the Pakistanis abroad were allowed to be pick-pocketed under this modus operandi? No response. Like millions from the silent majority, this senior citizen too wrongly had attached his last hopes from said to be the “new born” judiciary which in fact proved only the “new births” of Iftikhar Mohammad Choudhry and a highly powerful New Force of outlaws uniformed in black coats. Iftikhar Mohammad Choudhary, like our politicians do, boasted more than twice that no one would be allowed to loot the public. I approached him against this official looting but since he remained busy in Swiss money and 2-bottle wine case, he could not find time for this due logical issue affecting thousands of OPs.

5. I approached the so called protector of citizens rights and the one who officially earlier long claimed himself as “Citizen’s Friend” viz the Federal Ombudsman. The Ministry of Foreign Affairs in its rejoinder comments submitted that the Embassies attest only the signature of the individual signing a Power of Attorney or an Affidavit and does not take responsibility of the contents. The Ombudsman closed the case on this comment without touching the million worth question then why the people are advised to get Documents attested from the Missions on high cost?

6. I have since 10-15 years not got any document like Affidavit etc attested from an Oath Commissioner/Notary Public in Pakistan. The last I remember I paid Rs, 5/- as the Fee for an Affidavit in Karachi. The last, 3-4 years back I got attested an Ombudsman Complaint Form paying Rs. 5 to a Notary Public. Till 10-15 years attestation fee for a Power of Attorney was Rs. 20/-. Since black coats today are one of the most high cost commodity, this fee today might be Rs. 100. An ordinary normal house in Karachi today is worth Rs. One cror. Attestation of its sale/transfer deed might takes Rs.500 maximum. A Notary Public in a day attests at an average 20 docs of different nature charging a total attestation fee say Rs. 1500 maximum unless he was not indulged in illegal activity like attesting back-dated etc. The total amount involved in above 20 docs a day might at an average be involving say Rs. 1.5 cror. Thus based on above “Justice” from the Federal Ombudsman viz agreeing to the argument of the Ministry of Foreign Affairs, in the wisdom of our Federal Ombudsman, a Notary Public or an Oath Commissioner or a Magistrate by charging collective Rs. 1500 Fees “accepts responsibility” of the Rs. 1 to Rs. 2 cror text/content of the docs earlier during the day.

7. Recently two letters have surfaced in Pakistan said to be from an Honourable Prince from Qatar. The Pakistani Ambassador to Qatar has attested both. Unfortunate and joking justice is that no one including the Ministry of Foreign Affairs has said even a word that Documents, as per established legal practice, are attested by Consulate concerned and “his” authorized staff but not at allby an Ambassador anywhere in the world. The second aspect ignored “deliberately” is, that the Pakistan Embassy in Qatar or for that matter in Saudi Arabia or Bahrain can attest documents like Affidavits/Powers issued and signed by Pakistani nationals and not at all by other nationalities. In this case, a document signed by a Qatari national for submission in another country, as per practice, first needed to be attested by the Qatari Ministry of Foreign Affairs in Qatar and then the Qatar Embassy in Pakistan and finally the Pakistani Ministry of Foreign Affairs in Islamabad before final submission. Last year I needed birth certificate of my daughter for submission here in Bahrain. I went Karachi. Obtained it from Karachi Municipality, got it attested first from the Ministry of Foreign Affairs and then from Bahrain Embassy in Karachi. I needed, then, to get it attested from Bahrain Ministry of Foreign Affairs here in Bahrain but since my need of submission finished for the time being, I have held it.

8. The Second Document before me is a letter from the Banking Mohtasib Karachi. I had filed a complaint against NBP requiring a dormant account finally officially closed. The Banking Mohtasib did not accept my complaint on the ground that the Mohtasib Complaint Form attached with my complaint was un-attested and I was advised to get it attested from a Notary Public. In old good days when banking complaints were handled by the Federal Ombudsman and he too had a Complaint Form, I filed two complaints against NBP without even attaching any Complaint Forms. The then Federal Ombudsman Mr. Justice Sardar Iqbal who believed more on justice rather than bureaucratic-fantasies issued his Decision warning the President of the Bank that in future this complainant had to make any afresh complaint, the Bank President would personally be held responsible.

9. On receipt of Federal Ombudsman’s above decision “silently agreed to Foreign Affairs argument”, it refreshed in my mind Justice ® Haziqul Khairi sometime in 1990s addressing a seminar observed, of which in this age of 70 I don’t have reference, that individuals are being appointed Ombudsmen who have no legal knowledge. Had the Ombudsman any remotest vision what “justice” means, he would had rather than Ministry of Foreign Affairs, treated OPF a defendant raising a million dollar question that if Embassy attestation was not acceptable to it then why in the first place directing OPs to get this attestation.

10. A train in India met with an accident early 1970. Late Lal Bahadur Shastri was the then Indian Railway Minister. As Head of the railway ministry accepting his “moral” responsibility, he immediately resigned. A little later a similar accident happened in Pakistan. The opposition in the Assembly demanded from the Railway Minister his resignation. This senior citizen unfortunately in this old age can’t remember the name of then Railways Minister. On the floor of assembly, the Minister touching his hands to his ears as a sign of “توبہ,توبہ ” said that he can’t even think of following any deed of a “کافر ”. It was sometime late 90s or early 2000s when resignation from our then Railway Minister was demanded, his reply is on record that “I was not the driver of the train”. Indian Prime Minister, a “کافر ” observing peoples sufferings has ordered his Government to scrap requirement of people getting their documents attested from gazette officers or from other like Notary Public and instead people themselves should attest their own document undertaking to accept responsibility. This “کافر ” issuing above directive is not an Indian 0mbudsman or a mohtasib.

11. What more worst misfortune of a nation could be that its chief محتسب sitting on the chair of justice does not know who should the Defendant in a complaint viz Foreign Affairs which as a matter of police does not accept its attestation done or the OPF which itself directs to people to get attestation and then refuses to accept the same attestation got on its own order in the first instant.

12 February 2017

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