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Court upholds ruling against BMA in Phran Nok ferry pier disaster


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Court upholds ruling against BMA in Phran Nok ferry pier disaster
Kesinee Taengkhiao
The Nation

BANGKOK: -- The Supreme Court yesterday upheld the Appeals Court's order for the Bangkok Metropolitan Administration (BMA) to pay Bt12.61 million plus 7.5 per cent annual interest to the relatives of the 12 people who were killed when a floating dock at Phran Nok ferry pier capsized in 1995.

In a civil lawsuit against the BMA, the court yesterday ruled that the city was seriously reckless and negligent for overloading the dock - which reportedly had deteriorated and should have been closed for repairs - with 100 passengers on June 14, 1995.

Despite the city's argument that the passengers must have accepted the risk when they passed a sign at the dock warning them that the capacity was up to 60 passengers, the court ruled that the sign wasn't sufficient to rid the city of responsibility.

Watchara Sukhon, the lawyer for the plaintiff, recalled that he took on the case on a pro-bono basis almost two decades ago and he has been representing the victims in the course of justice ever since.

Over the years, some of the plaintiffs withdrew and the court dropped the case against two other defendants who had paid compensation to the victims, he said. The criminal case was suspended in accordance with the settlement agreement and the last remaining civil case ended with the Supreme Court ruling yesterday.

He said he would ask the court to issue a writ of execution to make sure the defendant honours the ruling.

"This case is the example that even for a private company that operates a pier and boat services, the state agency who gave the concession must keep checking on them. The state agency cannot neglect its duty or evade accountability," he said.

Source: http://www.nationmultimedia.com/national/Court-upholds-ruling-against-BMA-in-Phran-Nok-ferr-30254398.html

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-- The Nation 2015-02-19

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