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In a rare decision on Sunday, the High Court ordered the guilty parties involved to pay Tk4.61cr to the family of eminent filmmaker Tareque Masud, who was killed in a road accident in 2011. The owners of the bus, the driver and the insurance company will all have to contribute to the amount. The big legal win for Masud's family may create a precedent for others who have suffered injuries, or for the families of those killed, who may take similar legal measures and demand compensation from the responsible parties. “Victims may now become aware about the legal process because Masud's case has made an example,” Sara Hossain, honorary executive director of Bangladesh Legal Aid and Services Trust (BLAST), told the Dhaka Tribune. “People have learned that if anyone pursues the legal process they will have a chance to get compensation. This exemplary case will inspire victims and hopefully the number of cases will increase.”
A road accident at Ramna, in front of the Engineers Institution Rajib Dhar/Dhaka TribuneThe High Court in its observation during the verdict on Sunday said even though there is a Motor Vehicles Ordinance in the country, not many people are aware of it.
However, the court said the Tareque Masud verdict should help these people realise that they can also take legal measures under the ordinance and demand to be recompensed.
Sara Hossain said: “To get compensation, road accident victims should file a case with the district Motor Vehicles Accident Claim Tribunal. The plaintiff will have to spend Tk20 only.”Also Read- High Court orders Tk4.62cr compensation for Tareque Masud’s family
The BLAST director said police have a tendency to not investigate the cases. “The owners and drivers are quite habituated to managing the consequences of accidents; they are skilled in persuading the victims,” she said. “They try to solve the problems on the spot instead of helping with legal procedures. As a result we remain unable to establish accountability but if some drivers and owners are forced to pay compensation, the scenario might change.” Bus owners, on the other hand, fear that such massive compensation payouts will completely wreck the transport industry. “Investment in the transport sector will dry up if owners and drivers are told to pay such massive sums. The compensation is so much higher than the price of bus,” Owners' association leader Khandaker Enayetullah said. “Bus drivers do not expect to run into accidents or do them willingly. Though awareness among drivers is rising quickly, such a verdict will be disruptive and unhelpful for the process.” Khandaker Enayetullah said his association would not be announcing a strike or a programme against the verdict. “We will contend the issue through legal avenues,” he said. Assistant Professor at the Accident Research Institute (ARI) at Buet, Kazi Md Saifun Newaz, said he viewed the High Court’s verdict “positively”, but believed the punishment should be implemented more quickly.
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“Hopefully this will push drivers and owners to be concerned about road accidents, overtaking and speeding,” he said. “A good aspect of this verdict was that the owner was included. Although the amounts seem a little high, the consequences of punishment were strong.” Mozammel Hoque Chowdhury, secretary general of Bangladesh Passengers' Welfare Association, also welcomed the strong message sent to the bus operators and their drivers. “This is a historic verdict for us. I think that from now on they will drive following the law,” he said. The secretary general added that his association had long been demanding the creation of a security fund by the government to help the families affected by road accidents.
