Beginning on September 1st, China will for the first time
introduce its railway accident compensation program. It will
require railway departments to pay a record quota of 150,000 yuan
(US$19,817) to a passenger who dies or sustains injuries during
future railway accidents.
The passenger will also receive an extra 2,000 yuan,
(approximately US$250) in compensation for his or her on-board
luggage damage.
According to China News Service reports, the compensation
program is designed in tandem with a new government policy
concerning railway accidents, emergency rescues and investigations
that will take effect also in September. The State Council adopted
this regulation on June 27.
According to the new regulation, if a passenger would require
compensation that exceeds the official set amount, a formal written
contract between the railway authorities and the passenger would be
needed prior to rail travel.
However, the regulation also stipulates that the railway
transport departments shall not be liable for any personal injury
or death not directly caused by their railway services. Such cases
include death resulting from a passenger's own personal health
reasons, as well as other possible injuries or deaths resulting
from illegally crossing, sitting or lying on rail lines.
Moreover, the regulation also supposes that the parties involved
would first resort to negotiations if and when any possible
disputes may arise. Mediation between parties is encouraged before
a dispute would be brought to court.
(CRI July 20, 2007)