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HC releases full text of verdict

BIWTA and others' negligence blamed for MV Narsin-1 launch capsize in 2003

FE REPORT | April 18, 2021 00:00:00


The High Court has released the full text of its verdict that upheld a ruling directing the government to pay Tk 171.1 million as compensation to the 172 victims and their families of a 2003 launch capsize in the Meghna river.

Families of the dead and missing victims of MV Nasrin-1 capsize will get Tk 1.0 million each and the injured will get Tk 0.1 million each, according to the verdict.

In the observation the High Court said the negligence of the authorities, including the Ministry of Shipping and Bangladesh Inland Water Transport Authority (BIWTA), is extremely responsible for capsizing of the MV Nasrin-1 launch.

The High Court bench of Justice Syed Md Ziaul Karim and Justice Sheikh Md Zakir Hossain delivered the verdict on June 05 in 2017 and the full text of the verdict was published recently.

Meanwhile, Barrister Sharmin Akter, a lawyer for Bangladesh Legal Aid and Services Trust (BLAST) which had sought Tk 289.39 million as compensation for the victims, said an execution suit is still pending before the court of Seventh Joint District Judge of Dhaka for a decree.

"Many of the victims have died in the meantime. It will take time to find their heirs. The court will pass the order on the execution suit," added the lawyer.

In 2004, BLAST, on behalf of the affected people, filed a case with the Third Joint District Judges' Court of Dhaka claiming that the compensation given by the government was not adequate. More than Tk 289.39 million was demanded in the case for 172 dead, missing and injured victims. The case was later sent to Seventh Joint District Judge's Court of Dhaka in 2012, and the court gave a verdict on February 2, 2016. In the verdict, the court ordered the government to pay Tk 171.1 million as compensation to the 172 affected people within 60 days.

Later, the BIWTA filed a petition with the trial court to cancel the verdict claiming that it was an one-sided verdict. But the trial court rejected the petition filed by the BIWTA on August 23 in 2016.

Then they moved to the High Court and filed a revision petition against the rejection of the trial court. After hearing the petition, the High Court rejected the revision petition and upheld the trial court's decision.

MV Nasrin-1 capsized on July 08, 2003 at the Padma, Meghna and Dakatia confluence in Chandpur leaving 110 people dead, about 200 missing and many others injured. Al least 230 passengers were rescued alive.

The triple-decker vessel was on its way to Lalmohan in Bhola from Dhaka with about 700 passengers on board.

The same year, deputy commissioner of Chandpur published a list of 400 people who were affected by the incident of capsize. Following the list, the Shipping-disaster Trustee Board gave Tk 15,000 to Tk 20,000 to the families of the deceased and injured persons as compensation.

bikashju@gmail.com


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