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Third Court, Kyoto District Court, Rules Tepco and Government Liable to Pay Damages to Evacuees

15 march kyoto court.jpg
TEPCO, state told to pay 3/11 evacuees who left on their own
March 15, 2018
The legal team for evacuees of the 2011 Fukushima nuclear disaster hold signs stating partial victory at the Kyoto District Court on March 15.
KYOTO–The district court here ordered the government and the operator of the Fukushima No. 1 nuclear plant on March 15 to pay a combined 110 million yen ($1 million) to 110 evacuees who fled voluntarily after the 2011 nuclear disaster.
Presiding Judge Nobuyoshi Asami at the Kyoto District Court ruled that the government and plant operator Tokyo Electric Power Co. were liable on grounds that they failed to take adequate measures to protect the plant from the tsunami that inundated the facility after the Great East Japan Earthquake.
The court noted the government’s “long-term assessment” for possible earthquakes unleashing tsunami compiled in 2002. The report pointed to the possibility of a powerful earthquake and tsunami striking the plant.
All of the 174 plaintiffs from 57 families had evacuated to Kyoto Prefecture without an evacuation order except for one individual from Tomioka, Fukushima Prefecture.
Tomioka was within the 20-kilometer radius from the plant ordered to evacuate after the crisis unfolded on March 11, 2011, triggered by the magnitude-9.0 quake and tsunami.
Apart from Fukushima, the plaintiffs were from Miyagi, Ibaraki, Tochigi and Chiba prefectures.
The plaintiffs plan to appeal the court decision, as 64 were not awarded compensation.
The plaintiffs sought 846.6 million yen collectively in damages from the government and the utility.
The district court ruling marked the fifth in a series of similar lawsuits brought across the nation.
In all five cases, the respective courts acknowledged TEPCO’s responsibility to pay damages to the plaintiffs.
The Kyoto District Court’s decision was the third to acknowledge the government’s responsibility.
The key issues in the Kyoto case were if the towering tsunami that swamped the plant was foreseen, if the government had authority to force TEPCO to take countermeasures against such an event, and if the amount of compensation paid by TEPCO to voluntary evacuees based on the government’s guidelines was appropriate.
Most of the plaintiffs sought 5.5 million yen each in damages.
In the ruling, the district court determined that TEPCO should pay additional compensation on top of the amount set in the government guidelines to 109 plaintiffs who fled voluntarily despite not being subject to evacuation orders.
The criteria for extra payment are distance from the plant, radiation levels around homes, and family members who require medical attention due to the exposure to radiation.
Among the plaintiffs who were awarded additional compensation were those from Chiba Prefecture, just east of Tokyo and roughly 240 km from Fukushima Prefecture.
The court stated that the extra payment should be based on damage they suffered over two years after they began evacuating.
In the lawsuits filed at three other districts, some of the plaintiffs who evacuated voluntarily were awarded additional compensation, ranging from 10,000 yen to 730,000 yen per person.
 
Third court rules Tepco, govt liable over Fukushima disaster-media
TOKYO, March 15 (Reuters) –
* Kyoto district court on Thursday ruled that Tokyo Electric Power (Tepco) and the Japanese government were liable for damages arising from the Fukushima nuclear disaster of 2011, the Asahi newspaper said
* The ruling is the third court decision assigning liability to both Tepco and the government for the disaster that led to the evacuation of around 160,000 people
* A group of 174 claimants sought 850 million yen ($8 million)in damages arising from the disaster
* The court in western Japan did not accept that all plaintiffs should be awarded damages ($1 = 105.9900 yen) (Reporting by Aaron Sheldrick Editing by Shri Navaratnam)
 
Court orders Japan government to pay new Fukushima damages
TOKYO (AFP)-A Japanese court on Thursday ordered the government to pay one million dollars in new damages over the 2011 Fukushima nuclear disaster, ruling it should have predicted and avoided the meltdown.
The Kyoto district court ordered the government and power plant operator Tokyo Electric Power Co (TEPCO) to pay 110 million yen in damages to 110 local residents who had to leave the Fukushima region, a court official and local media said.
Thursday’s verdict was the third time the government has been ruled liable for the meltdown in eastern Japan, the world’s most serious nuclear accident since Chernobyl in 1986.
In October, a court in Fukushima city ruled that both the government and TEPCO were responsible, following a similar ruling in March in the eastern city of Maebashi.
However, another court, in Chiba near Tokyo, ruled in September that only the operator was liable.
On Thursday, presiding judge Nobuyoshi Asami ordered that 110 plaintiffs who saw their lives ruined and their property destroyed by the disaster be awarded compensation, Jiji Press and other media reported.
Contacted by AFP, a court spokesman confirmed the reports, adding that the ruling denied damages to several dozen additional plaintiffs.
“That damages for 64 people were not recognised was unexpected and regrettable,” a lawyer for the plaintiffs said, adding that they would appeal, according to public broadcaster NHK.
Around 12,000 people who fled after the disaster due to radiation fears have filed various lawsuits against the government and TEPCO.
Cases have revolved around whether the government and TEPCO, both of whom are responsible for disaster prevention measures, could have foreseen the scale of the tsunami and subsequent meltdown.
Dozens of class-action lawsuits have been filed seeking compensation from the government.
In June, former TEPCO executives went on trial in the only criminal case in connection with the disaster.
The hearing is continuing.
Triggered by a 9.1-magnitude earthquake, the tsunami overwhelmed reactor cooling systems, sending three into meltdown and sending radiation over a large area.
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March 16, 2018 - Posted by | Fukushima 2018 | , , , , ,

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