Staff Reporter :
The High Court (HC) on Thursday ordered two bus companies, BRTC and Swajan Paribahan, to pay Tk 50 lakh as compensation to the family of Rajib Hossain, a Titumir College student, who lost his right hand in a bus accident and later succumbed to the injuries in April 2018.
State-run Bangladesh Road Transport Corporation (BRTC) and owners of Swajan Paribahan have to pay Tk 25 lakh each to Rajib’s two brothers within the next two months.
The HC Bench of Justice J B M Hassan and Justice Md Khairul Alam delivered the verdict after hearing a rule seeking a compensation of Tk 1 crore to the victim’s family.
Rajib’s brothers Mehedi Hassan and Abdullah Bappi expressed satisfaction at the HC verdict.
“This judgement is very important for all,” Mehedi told reporters after the verdict announcement.
BRTC’s lawyer Barrister M Moniruzzaman told the reporters that his client would file an appeal with the Appellate Division of the Supreme Court against the HC verdict as they did not get justice.
In addition, the HC gave also some instructions to ensure the safety of passengers on the road.
The HC said, “The most discussed ‘Road Transport Act’, which was passed in the Parliament last year, should be implemented within six months. The authorities concerned have to take steps for dope and vision tests of drivers before giving them licenses to run vehicles. “
Barrister Ruhul Quddus Kazal argued for Rajib’s compensation and DAG Motaher Hossain Sazu represented the State.
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, 2018.
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 Kazal, a Supreme Court lawyer, 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 High Court Bench of Justice Salma Masud Chowdhury and Justice A K M Zahirul Hoque 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 with the court demanding compensation for his family members.
Hearing the supplementary petition, the High Court on May 8, 2018, ordered the owners of two buses— BRTC and Swajan Paribahan— to pay Tk 1 crore to the family of Rajib Hossain.
The bus owners were asked to pay Tk 50 lakh within a month. The HC also directed the bus owners to submit a report after complying with the order to this court by June 25 and the court said it would fix the next date for paying the remaining Tk 50 lakh after receiving the compliance report.
But the two bus owners appealed against the HC order.
On May 22, 2018, the Suprme Court 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.
The probe committee, which was formed after Rajib’s death, submitted a report in the High Court. They suggested 18 points recommendations to prevent road accidents.
The committee, led by Professor Md Mizanur Rahman, Director of Accident Research Institute (ARI) at BUET, said reckless driving was the “primary cause of the accident” and blamed Swajan Paribahan for the incident.
After considering the assessment report of the independent committee, the High Court yesterday delivered the verdict.
