” An estimated 100,000 or so people are still living as evacuees as a consequence of the catastrophic accident at the Fukushima No. 1 nuclear power plant in March 2011.
This figure comprises about 18,000 evacuees who acted on their own initiative and fled from the 23 municipalities in Fukushima Prefecture that are outside government-designated evacuation zones. They include people who lived in areas that are not covered by the government-supported compensation program.
The circumstances of their decisions to leave their hometowns are more or less similar to those of the people who fled from areas covered by the evacuation orders. Many of them were concerned about the health of their children or found it difficult to continue their businesses in the affected areas.
But compensation paid to these “voluntary evacuees” by Tokyo Electric Power Co. (TEPCO), the operator of the crippled nuclear plant, ranging from 120,000 yen to 720,000 yen ($1,000 to $6,400) per person, was far smaller than the amounts received by residents of the evacuation areas.
On Feb. 18, a local court handed down a ruling that may open the door to greater relief for these evacuees.
The Kyoto District Court ordered TEPCO to pay about 30 million yen to a man and his wife for mental illnesses the husband suffered following their “voluntary evacuation” from the calamitous accident. The man, who is in his 40s, together with his wife and three children, filed a lawsuit against the utility seeking 180 million yen in damages, claiming he became unable to work because of mental and physical problems caused by the effects of the nuclear disaster.
Concerned about the possibility of his children’s exposure to radiation, the man decided to leave his home with his family. After they fled, the family stayed at hotels and lived in rented accommodation outside the prefecture.
As he had to live in unfamiliar surroundings, the man developed insomnia and depression. The district court acknowledged that the nuclear accident was the cause of these health problems.
Compensation payments to such voluntary evacuees are based on guidelines set by a central government panel addressing disputes over compensation for nuclear accidents. The guidelines say compensation payments should be based on three factors: increases in living expenses due to evacuation, mental damages and expenses incurred in fleeing and returning home.
TEPCO had paid a total of 2.92 million yen to the family based on the guidelines, but the family claimed the compensation was insufficient.
In its ruling, the district court argued that the guidelines only show “items and scope of damages that can be classified according to type.”
The ruling showed the view that damages with a causal link to the accident should be compensated for according to the circumstances involved. The basic principle for compensation espoused by the ruling is that the amounts of damages to be paid should be determined according to the circumstances of individual cases instead of being uniform and fixed.
Compensation payments to victims of the nuclear disaster, such as evacuees and affected businesses, come out of a 9 trillion yen treasure chest provided by the government to TEPCO.
With its management priority placed on its own early recovery from the consequences of the accident, however, the electric utility has been trying to terminate the payments as soon as possible and keep the amounts within the framework set by the guidelines. The company’s compensation policy has been criticized for failing to make the benefit of residents a primary consideration.
About 10,000 evacuees are involved as plaintiffs in damages suits filed with 21 district courts and branches around the country. This points to the high level of discontent with the compensation payments that have been paid out.
TEPCO should respond with appropriate sincerity to the demands of victims entitled to compensation and review its compensation policy and procedures.
The courts that are hearing these cases should hand down rulings that give sufficient consideration to the plight of the victims. ”