Why the state must fairly compensate for the metro rail tragedy

In Bangladesh, dying a normal and natural death seems to have become a luxury. Every day, someone dies — burned in a fire, raped and murdered, killed by a mob, or run over by a vehicle. But perhaps the most unexpected of all such unnatural deaths occurred last Sunday, when a pedestrian died after a bearing pad fell on him from metro rail pillar number 433 in Dhaka's Farmgate area.

The previous Hasina regime's political narratives were broadly based on development, and one of its crowning jewels was this metro rail. It was meant to be the tangible proof of her development story. But there have been various allegations surrounding these mega projects. 

First of all, the high costs. The metrorail project in Dhaka costs five times that in India and much higher than those in Saudi Arabia and the UAE.

It was public money, yet today, it is the people themselves who are literally being crushed by this development project. Even after such massive spending, the metro had mechanical faults.

"The MRT line is a mere two and a half years into operation. For a bearing pad, designed with a lifespan of 20-30 years, to fail so catastrophically is not a matter of ageing; it is a clear signal of deeper, more fundamental problems," said Md Shamsul Hoque, former director of the Dhaka Mass Transit Company Limited (DMTCL), and director of Accident Research Institute, Bangladesh University of Engineering and Technology (BUET).

According to him, design flaws or installation errors are the most probable culprit. Incorrect levelling of the pier surface, uneven thickness of the pads, improper installation, or insufficient lateral confinement during construction can all lead to a premature failure. The bearing was not functioning as intended from the very beginning. 

He also pointed out that there was a serious shortage of experienced technical manpower. The Project Implementation Unit (PIU) was weak, staffed mostly by a few deputed engineers from RHD and Railways. The then managing director reportedly resisted recruiting technical personnel, relying heavily on consultants while being led by non-technical administrators.

Although these issues were reported over the past couple of years, no action was taken. Even during the past year, under the interim government, these projects were not thoroughly examined. The result is the tragic death of 35-year-old Abul Kalam Azad from Shariatpur.

The frustration does not end there. What added fuel to the fire is the government's compensation offer.

The interim government made no delay to announce a Tk5 lakh compensation for the family of Abul Kalam. It has also said it will bear all funeral expenses, and employ a family member at the metro rail company.

Yesterday's [26 October] metro rail accident death is the kind of case where courts in other countries, under tort law, would order appropriate compensation. But our tort law is outdated and inadequate — it must be modernised without delay.

Ahsanul Karim, Constitutional expert and Supreme Court lawyer

However, it came as nothing short of a mockery. The announcement sparked widespread criticism on social media. Many questioned whether the life of a citizen lost due to state negligence or failure of duty can be valued at just Tk5 lakh.

"This Tk5 lakh is the initial support as per rules. This is not compensation for life. The same support is provided to victims of road accidents. In addition, we have assured job for a family member. We will also take care of her children's education. This is the best we could do under the rules. A committee has been formed to determine responsibility," Muhammad Fouzul Kabir Khan wrote in response to a Facebook post.

But to Irene Akhter Priya, wife of the deceased Abul Kalam, it was not a "mere death", it was "more than a murder". "Compensation won't bring him back. I want justice," she said. 

Their son is four years old, and their daughter is three. "Our children have lost their father. How can you compensate for this loss?" she asked.

Compensations across Asia

Before looking into what other countries offer as compensation, it is notable that such metro rail accidents are exceedingly rare. The only other incident that occurred was in Dhaka itself in September 2024 at another pier nearby, with no casualties. But did the government care enough to examine the technical faults? Did they care about the absence of a compensation framework? 

In South Asia, only India, Bangladesh, and Pakistan have operational metro rails. India updated its compensation framework for metro rail accidents very recently. Under these rules, the family of a deceased passenger is entitled to up to Rs8 lakh, which converts to more than Tk11 lakh.

Those who suffer severe injuries — such as the loss of limbs or eyesight — can receive similar amounts. Lesser injuries, like fractures, are compensated on a graded scale, ranging from about Rs1.6 lakh to Rs2.4 lakh depending on severity. 

The framework ensures a formal mechanism for passengers or their families to claim compensation. It marks a significant step toward accountability and safety in India's rapidly expanding metro network.

In June this year, two girders collapsed at India's Chennai Metro construction site, killing one man. In less than a week, Chennai Metro fined its contractor Rs1 crore and removed four officials found directly responsible in an internal probe. The metrorail authority extended financial assistance of Rs5 lakh to the victim's family, while the contractor Larsen and Toubro provided another Rs20 lakh.

Pakistan's only operational metro system is the Lahore Metro (Orange Line), inaugurated in 2020 under the Punjab Mass Transit Authority. However, the country does not have a formal compensation framework specific to metro rail accidents. In the event of an incident, compensation is typically handled on a discretionary or case-by-case basis, often determined by the provincial government or the operating authority.

In other Asian countries like Japan and China, the compensation is much higher. Both countries rely on insurance and official frameworks to provide timely compensation. 

In Japan, in the event of a fatality from metro rail accidents, families typically receive around ¥30–50 million (equivalent to Tk2.7–4.5 crore), while severe injuries are compensated with medical costs and disability allowances proportional to the injury. 

In China, metro systems in major cities like Beijing and Shanghai operate under government-regulated compensation standards, with fatalities generally resulting in payouts of about CN¥300,000–500,000 (equivalent to Tk4.2–7 crore) and injuries compensated according to severity. 

Bangladesh's legal loopholes

No amount of money can compensate for the loss of life. However, as per state rules, governments provide it as an act of initial support to the victim's family.

But what should the amount be? 

Mahbub Kabir Milon, former additional secretary of the Ministry of Railways, believes that the family of the deceased must be given Tk1 crore. 

"That money should be paid by the company that supplied the substandard bearing pads and the negligent, corrupt government officials who accepted and put those pads into service. Legal action must be taken against all of them," he wrote in a social media post.

However, Bangladesh has no specific law providing state compensation for deaths caused by such accidents.

Under the Road Transport Act 2018, there is a provision for compensating victims killed or injured in road accidents. A fund has been created for this purpose. From that fund, the Bangladesh Road Transport Authority (BRTA) provides Tk5 lakh to families of those killed, Tk3 lakh to the seriously injured, and Tk1 lakh to the slightly injured. However, the accident must have occurred from a motor vehicle.

Now, what basis was the compensation of Tk5 lakh determined? If it is based on the Road Transport Act 2018, then the question remains whether Abul Kalam Azad's case actually falls under the legal definition of a road accident.

There is, however, another law — the Fatal Accidents Act, 1855, last amended in 2006 — which provides a legal route for families to claim compensation if a person's death occurs due to another's wrongful act, negligence or default. 

Under this law, the deceased's spouse, parents, or children can file a case in court. 

In the past, some victims' families have filed writ petitions under Article 102 of the Constitution seeking compensation for deaths caused by negligence. Some have received compensation, while others are still waiting.

"This death caused by the metro rail accident is the kind of case where courts in other countries, under tort law, would order appropriate compensation. But our tort law is outdated and inadequate — it must be modernised without delay," said constitutional expert and Supreme Court lawyer Ahsanul Karim.

He noted that although Article 36 of the Constitution ensures citizens' freedom of movement, it does not explicitly recognise the right to safe, well-maintained, and motorable roads. As a result, victims of poor road management cannot easily claim compensation.

"Many accident victims or their families file writ petitions under Article 102 seeking compensation, but since there is no explicit constitutional recognition of such remedies, the High Court often cannot provide relief. Even when lawyers refer to international judgments as precedents, victims end up receiving nothing. Though the High Court and Appellate Division have delivered notable verdicts in several compensation cases, implementation remains impossible due to legal loopholes," Karim added.

Back in 2014, a four-year-old child named Jihad died after falling into an open pipe at a government construction site in Shahjahanpur, Dhaka. His family received Tk20 lakh. 

Families of four patients who died in a fire at United Hospital were awarded Tk1 crore, which the authorities later paid. The family of visually impaired Shanu Mia, who fell into an open Wasa manhole on Paltan Culvert Road received Tk50 lakh jointly from Dhaka South City Corporation and Wasa. Russell, a private car driver who lost his leg after being hit by a Green Line Paribahan bus, received Tk10 lakh.

However, the family of Rajib Hasan, a Titumir College student who lost an arm and later his life in a feud between two buses, has yet to receive the Tk50 lakh compensation ordered — the case remains pending in the Appellate Division. Likewise, the Tk4.5 crore compensation ruling for the family of internationally acclaimed filmmaker Tareque Masud is also stalled in appeal. Several similar cases remain unresolved in court.

Bangladesh cannot continue to treat lives as expendable in the name of "development" or bureaucracy. If the state truly values its citizens, if it truly means that every life matters, it is time to reform laws, ensure accountability, and create a system where safety is guaranteed and negligence is punished — not just papered with a minimal amount of so-called compensation. 

Until then, every accident, every death, every grieving family will raise one question — what is a human life worth?