SFather’s railway administration incurs unexpected expenses. The District Court for Prague 1 decided on Thursday to pay 87 million crowns to Traťová strojní společnost (TSS) over the fact that the dispatch depot in Lviv accidentally sent an AWT shunting engine on the wrong track. The train engine ran on a special machine to fix the tracks and lay the sleepers.
Sender Jolana J. for an accident that happened four years ago. He pleaded guilty and agreed with the prosecutor on the extent of the sentence – he received a sentence of three years with two years suspended. The damage to the 190-tonne, 68-metre-long machine belonging to TSS was estimated at Rs 87 million by an expert contacted by the police.
Jolana J. Still working in Railway Administration. She is only liable for damages up to 4.5 times her salary, but she still doesn’t have to pay even that. Despite its condemnation, the railway management rejects TSS’s claim of compensation for damages and finds no reason to transfer it to the shipper.
“The unusual incident was assessed through the railway administration’s own investigation with the conclusion that the carrier was responsible for the damage,” said Dusan Kawenda, a spokesman for the state-owned company, referring to the locomotive owned by another company, AWT. Instead, the Railway Inspectorate is again the main culprit Determined solely by the sender.
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The Railway Machinery Company was previously part of Czech Railways. The stake in the company responsible for track maintenance and repair, which was sold by the railways 15 years ago, is now controlled by the group Railroad investment by brothers Peter and Rudolf Suszkowa. In the last financial year 2022/2023, it managed a loss of 82 million with a turnover of 1.2 billion crowns. One of its major clients is the Railway Administration.
The machine has been out of service for five years, according to TSS lawyer Karel Lesatka, while it is still being repaired and the extent of the damage is being determined. It’s said to be a leaky machine, with some parts taking years to deliver so it takes longer to repair. “The repair price will probably be higher than what we requested,” notes Ležatka. “As per the first report commissioned by the police we only reduced the case to incontrovertible and we have no influence over it,” he adds.
The railway administration is trying to make the extent of the damage controversial. For example, he submitted an expert estimate that repairs would cost only 232 thousand crowns. However, this was completely debunked by a protester from the Technical University in Brno, who pointed out that it was a unique customized machine and that only six similar machines had been sold in the world in the past. The new one will cost half a billion and take at least three years to deliver. “And without a license to operate, we have to wait another two years,” Ležatka points out.
The railway administration is suspicious of the company, in addition to exaggerating the damage, and the engine has actually been out of service for a long time. Sais Longu calls it nonsense. “We also documented the invoices that he was working with the railway administration in July, a month before the accident,” he says.
Shortly before the judgment was handed down, the railway management submitted two more reports, this time to Grant Thornton, which stated that the value of the engine at the time of the accident was only 55 million. Repairs cost only 6.6 million crowns.
Immediately there was a shooting in the court premises. “After all, they didn’t see the machine and its damage,” Ležatka criticized. “Because you won’t let anyone get close to him,” replied the lawyer for the state-owned company Ales Brodsky.
However, according to Judge Petra Lukaskova, this opinion was not essential to her decision. The first report ordered by the police is sufficient and credible. “The specialist did it shortly after the accident and looked at the vehicle,” he said. “He certainly knows what awaits him if there is a deliberate misjudgment,” he pointed out. According to him, both the report of the railway inspector and the confession and conviction of the dispatcher proved that the railway administration was the main culprit.
In addition to the full amount claimed, the state administrator of shelters will have to pay another approximately 20 million in interest and legal costs. But the verdict is not final and the railway administration is sure to appeal. “We disagree with the court’s decision,” a spokesperson for Kawenda confirmed.
According to Kawenda, a similar case with such high damage is rare. However, a year ago, after years of debate, the courts confirmed that ČEZ had to pay three billion in lost profits to the state administrator of the railway, O.Electricity ordered but not picked up. The railway administration has already paid the money, but at the same time appealed to the Supreme Court.
