Tengiz Bibineishvili, 45 was injured during the implementation of his professional duties. A criminal case was launched on the fact. Later it was dropped by amnesty; however victim Bibineishvili has not received any compensation up to present time.
He has lived without his left arm since November 27, 2006. He can do almost nothing in the house. Even though his family is not listed in the data base of socially excluded families, the Bibineishvilis have state granted medical insurance. Tengiz lives with his wife and two children, both students in the village of Erge. The family receives mere 65 GEL state allowance every month. His salary used to be 500 GEL before but after the incident he lost both his arm and job.
Bibineishvili worked at Batumi Department of Cargo Transportation within the Georgian Railway, Ltd since 2004. He was chief controller of switchmen. A train crashed into Tengiz Bibineishvili when he was on duty. His arm was amputated as a result.
“I had to give sign to trains to start but for some reason the train had started before I gave the order and it crashed into me. Luckily it did not move very fast and I survived but my hand was injured and the doctors had to amputate it…,” recalled Bibineishvili.
Nodar Diasamidze is Bibineishvili’s attorney. He said that the police started investigation on the incident. The criminal case was launched but after some time Adilal Tsirghvava, the prosecutor closed it on the basis of absence of crime. Despite this, the prosecutor declared Bibineishvili as a victim. Attorney Diasamidze appealed against the prosecutor’s decision at Avto Kiladze, Chief Prosecutor of Batumi District Prosecutor’s Office and then at Batumi City Court. Both district prosecutor’s office and the city court declared that the criminal case was terminated legally based on the amnesty that was issued for the crime envisaged under Article 275 of the Criminal Code of Georgia. This is the article that imposes criminal liability on the crimes similar to committed against Bibineishvili.
The Presidential Resolution dating February 9, 1999 had been in force when the incident occurred on November 27, 2006. According to this resolution, the person who was injured during the implementation of the professional duties shall be compensated. Bibineishvili’s attorney sued Georgian Railway in Batumi City Court and demanded the compensation of pecuniary damage.
Sergo Dolidze, the Deputy Director of Batumi Railway Station confirmed the injury of Tengiz Bibineishvili during the implementation of his professional duties. He said that the treatment expenses were covered by insurance company Aldagi BCI in 2006.
Bibineishvili claims that the treatment that cost about 703 GEL was compensated by the state insurance granted in the frames of social assistance. Moreover, he claims that “the insurance company offered only a one-year insurance and demanded that I wrote a letter confirming that I would not demand anything more from the insurance company after having received this one-year insurance.”
Attorney Diasamidze claims that victim Bibineishvili must be granted with a 5-year compensation: “According to Paragraph 33 of Resolution # 48 on the “Rule of Compensating Health Damage of an Employee during the Implementation of Labor Duty” of the President of Georgia dating February 9, 1999, a victim shall be granted 37 260 GEL as a single-term aid on the basis that the employee has lost the ability to work completely as well as monthly compensation equaling monthly salary from work.”
Tbilisi City Court discusses Bibineishvili’s appeal. The trial was canceled several times.
Maka Malakmadze, Batumi
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