HC orders Swajan, BRTC to pay Tk 5m to family of crash victim Rajib

The High Court has awarded compensation worth Tk 5 million to the family of college student Rajib Hossain, who died after losing his arm to a race between two buses of Swajan Paribahan and BRTC in Dhaka.

Swajan Paribahan and the state-run BRTC were ordered to pay Tk 2.5 million each within two months.

The bench of Justice JBM Hassan and Justice Md Khairul Alam announced the verdict on Thursday after upholding its previous rule on the issue of compensation in the matter.

The court also issued a number of directives in its verdict to ensure the safety of commuters in the streets.

It also called for the implementation of the 'Road Transport Act' introduced last with six months, adding that drivers should undergo drug tests and eyesight screening before getting a licence.

In its directiveuses should not pick up passengers indiscriminately from any place, doors on a running bus should be closed, no honking in front of educational institution, hospital or reserved areas except for ambulance and fire truck, the court said in its directive.

The High Court has ordered that the directive be executed soon, said Barrister Ruhul Quddus Kajal, who filed the writ petition over Rajib's accident.

Rajib, an undergraduate student of Government Titumir College, had his arm crushed between a BRTC double-decker bus and a Swajan Paribahan bus at Karwan Bazar on Apr 3 last year.

He died on Apr 16 while receiving treatment at Dhaka Medical College Hospital. Kajal filed a writ petition with the High Court the next day.

On May 8, the High Court had ordered BRTC and Swajan Paribahan to pay Tk 10 million to Rajib’s brothers with half the amount to be paid within 2 months.

It also asked the authorities to explain why laws should not be revised or fresh guidelines should not be issued to prevent such incidents.

The Appellate Division later ordered formation of an independent committee to identify liabilities of the parties involved in the incident.

The committee found that BRTC, Swajan, and Samorita Hospital, where Rajib was initially taken after his hand was severed, were responsible for his death.

It absolved Rajib of any blame in the accident. The probe also found thatboth the drivers lacked the requisite license to drive heavy vehicles.

“The main culprit for Rajib’s accident is Swajan Paribahan as it appointed that driver even though he only his licence only allowed him to drive light vehicles,” the report said. 

“Also, the BRTC is equally culpable as it approved the driver to run a double-decker bus despite him only having a licence to drive light vehicles. The BRTC is promoting a kind of unhealthy competition in the public transport sector through its existing lease-based transport system.”

Appointing the drivers on a daily wage is one of the main reasons for such accidents, according to the committee.

The report also said that Shomorita Hospital intentionally wasted time and delayed the operation when Rajib was taken there after the accident.

The committee recommended the appointment of drivers on a monthly salary to prevent reckless driving incidents.

It also recommended the introduction of a ‘franchise system’ for issuing route permit in the public transport sector.