Staff Reporter :
The Supreme Court on Tuesday stayed the High Court order that directed the owners of two buses— BRTC and Swajan Paribahan— to pay Tk one crore to the family of Rajib Hossain, who lost his right hand in a road accident and later succumbed to the injuries last month.
The SC also asked the HC to form an independent committee to assess the liabilities of the accident.
The independent committee will submit the assessment report to the High Court by June 30 and then the High Court will determine the compensation for the family members of Rajib, the Supreme Court said.
A four-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order after hearing two separate petitions filed by Bangladesh Road and Transport Corporation (BRTC) and Swajan Paribahan challenging the High Court order.
On May 8, the High Court bench of Justice Salma Masud Chowdhury and Justice A K M Zahirul Hoque ordered the owners of two buses— BRTC and Swajan Paribahan— to pay Tk one crore to the family of Rajib Hossain.
The bus owners had been asked to deposit Tk 50 lakh within a month in the account of Rajib’s aunt Jahanara Begum and their relative Customs Officer Omar Faruk with Sonali Bank’s Principal Branch.
The HC also directed the bus owners to submit a report after complying with the order to this court by June 25.
The court said that it would fix the next date for payment of the remaining Tk 50 lakh after receiving the compliance report.
On May 10, BRTC filed a petition with the Appellate Division of the Supreme Court seeking a stay on the HC order that asked it to pay Tk 25 lakh within one month to Rajib’s family. Later Swajan Paribahan also followed BRTC and filed the petition seeking a stay on the HC order that asked it to pay Tk 50 lakh as compensation.
Advocate A B M Bayezid and Advocate Muniruzzaman appeared in the court on behalf of BRTC while Advocate Abdul Matin Khasru and Advocate Pangkaj Kumar Kundu were present for the Swajan Paribahan. Writ petitioner lawyer Barrister Ruhul Quddus Kazal was also present in the court on the occasion.
After the court’s order, Barrister Kazal said, “The Appellate Division ordered to form an independent committee to assess the liabilities of the accident. The committee will submit the assessment report to the High Court by June 30 and then the High Court will determine the compensation for the family members of Rajib.”
After two weeks in coma, Rajib Hossain, a third-year student of Government Titumir College, died at Dhaka Medical College Hospital (DMCH) on April 17.
Rajib lost the hand after it got stuck between two speeding buses of BRTC and Swajan Paribahan which were trying to overtake each other on April 3.
Profusely bleeding, Rajib was taken to Samorita Hospital at Panthapath. He was kept in the post operative intensive care unit (ICU) on the day of the accident.
After publishing the photograph of Rajib’s hanging hand on April 4, Barrister Ruhul Quddus Kaza, a Supreme Court lawyer, on the same day, filed a writ petition with the High Court seeking necessary order for the treatment of Rajib and ensuring free movement of people.
After hearing, the same HC bench directed the owners of two buses to bear all the treatment cost of Titumir College student Rajib Hossain. The court also issued a rule asking the government and the bus owners to explain in four weeks as to why they should not be directed to give Tk one crore to Rajib Hossain as compensation.
In the rule, the court also asked the government to show cause as to why they should not be directed to strictly enforce the relevant laws and rules for free movement of the people in the streets.
After Rajib’s death, Barrister Kazal filed a supplementary petition in the court demanding compensation for his family members.
