ROAD, RIVER ROUTE ACCIDENTS

Court orders for damages hardly executed

M Moneruzzaman | Published: 00:00, Apr 18,2019 | Updated: 02:08, Apr 18,2019

 
 

Families of the victims of road accident and launch capsize hardly get compensations as court orders in this regard have rarely been executed.
High Court orders and verdicts for compensation to the families of filmmaker Tarique Masud, journalist Mozammel Hossain Montu and at least 12 other road accident victims are yet to be executed.
After hearing seven public interest litigation writ petitions, the High Court had asked the government and bus owners to pay compensations to the families of the 15 victims of road accidents in capital Dhaka and port city of Chattogram.
Parents of Shaheed Ramij Uddin Cantonment College students Diya Khanam Mim and Abdul Karim Rajib, run over and killed by a speeding Jabal-E-Nur Paribahan bus that ploughed through a crowed on Airport Road at Kurmitola bus stop in Dhaka on July 29, 2018, got compensations from the bus owners.
Green Line Paribahan gave a cheque of Tk 5 lakh to Russel Sarkar, who lost the left leg as its speeding bus smashed the leg at the Dolaipar end of Mayor Hanif Flyover in Dhaka on April 28, 2018.
Green Line Paribahan owner Md Alauddin handed over the cheque to Russel in the courtroom to partially comply with a High Court order that had asked him to pay Tk 50 lakh as Russel’s ‘exigency cost’.
The families of the rest 12 accident victims were yet to get compensations, said lawyers who appeared for them.
Government Titumir College student Rajib Hossain died on April 17, 2018 after his right forearm was severed as a Swajan Pariibahan bus, while trying to overtake, dashed a Bangladesh Road Transport Corporation bus, on which he was travelling, in Dhaka capital on April 3, 2018.
Following a writ petition, the High Court on May 8, 2018 asked Swajan Pariibahan and the corporation to pay Tk 1 crore to Rajib’s family.
The families were yet to get the compensation as Appellate Division in November 2018 stayed the High Court order.
The High Court on February 11 asked the home and roads and bridges secretaries and the Bangladesh Road Transport Authority chairman to pay Tk 1 lakh to each family of five road accident victims in immediate compensation in 15 days.
The families of the victims — Class V student Faija Tahsina of Rajuk Apartment Complex at Uttara, killed in a road accident at Uttara on February 5, five-year-old Md Miraj Khan, killed at Kaliakair in Gazipur on February 3, Chittagong University English student Nusrat Chowdhury, killed in the port city on February 2, nine-year-old Liza Akhter of Guabaria village in Barishal, killed on February 2, and six-year-old Ahmed Rifat of Bashirpur village of Balaganj in Sylhet, killed on Dhaka-Sylhet highway at Osmaninagar on February 2, — still got no compensation.
Earlier on February 5, the High Court asked the home and roads and bridges secretaries and the Bangladesh Road Transport Authority chairman to pay Tk 1 lakh to each family of five road accident victims in immediate compensation in 15 days.
The families of the victims — siblings Afsar Hossain, 8, and Fatema Afrin, 10, killed at Mollarpool of Keraniganj in Dhaka on their way back home from school on January 28 with their father, Chittagong Government City College student Soma Barua and Kumkum Barua of Bahirsingal of Chandgaon in Chattogram, killed on January 16, and Chittagong Government Collegiate School Class VIII student Kazi Mahmudur Rahman of Green View area of Halisahar, killed on January 22, — got no compensation yet.
Imran Hossain and Nazma Begum of Adabor at Mohammadpur in Dhaka, parents of Nabila, killed by a truck on October 21, 2018, was yet to get Tk 1 lakh in immediate compensation as directed by the High Court on February 19, 2018.
The bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil had issued the directives on immediate compensation of Tk 1 lakh to each family of 10 traffic accident victims after hearing three writ petition filed by Children’s Charity Bangladesh Foundation and Bangladesh Legal Aid Services Trust.
Petitioners’ lawyer Abdul Halim said that the compensation could not be claimed as the families could not be traced.
The families of Dainik Sangbad journalist Mozammel Hossain Montu, killed in a road accident in 1989, and filmmaker Tareque Masud, killed by a bus of Chuadanga Deluxe Paribahan in 2011, were yet to get any compensation.
In the first-ever verdict in a tort case, the apex court on April 13, 2016 asked the Bangladesh Beverage Industries Ltd to pay Tk 1.69 crore in compensation to Mozammel’s family as he was killed under the wheels of a vehicle of the company due to negligence of its driver.
A civil suit filed by Mozammel’s widow for execution of the Appellate Division directive to realise compensation is still pending with a lower court in Dhaka.
Tareque’s family got no compensation as the Appellate Division was yet to dispose of an appeal filed by the bus owners of Chuadangda Deluxe against the High Court verdict that had asked them, their bus driver and Reliance Insurance Limited to pay Tk 4.62 lakh.
Families of 110 people killed in MV Nasrin launch capsize in the Meghna River near Chandpur on July 8, 2003 were yet to get compensation, ordered by the Dhaka Joint District Judge’s Court which was also upheld by the High Court, because of long legal process.
The High Court in its verdict on June 5, 2017 upheld the Dhaka lower court order to pay Tk 10 lakh in compensation to each family of the 110 drowned passengers.

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