& çâÌæÚUæð´ ·¤è ¥ôÚU Îð¹Ùæ ÁæÚUè ÚU¹ð´ ¥ÍæüÌ ¥ÂÙð ÜÿØ ÂÚU ŠØæÙ ÚU¹ð´Ð ãæÚU Ù ×æÙð´, €UØô´ç·¤ ·¤æ× ·¤ÚUÙð âð ¥æÂ·¤ô ©gðàØ ·¤è Âýæç# ãôÌè ãñ ¥õÚU ÁèßÙ ·¤æ ¹æÜèÂÙ ÎêÚU ãôÌæ ãñÐ ÖÜð ãè ÁèßÙ ×ð´ ç·¤ÌÙè Öè ·¤çÆÙæ§ü €UØô´ Ù ¥æ°, çÁ™ææâæ ¥õÚU ©ˆâæã ÕÙæ° ÚU¹ð´Ð ŠØæÙ ÚU¹ð´, ÜÿØ ã×ðàææ ¥æÂ·Ô¤ Âæâ ãôÌð ãñ´ çÁ‹ãð´ ÂæÙð ·Ô¤ çÜ° ÂýØæâ ¥æÂ ·¤Öè Öè àæéM¤ ·¤ÚU â·¤Ìð ãñ´Ð

Opinion

'Structured Damages' to Road Accident Victims
Thanks for your editorial under the caption "And now the solution (Dec 29) ". I want to add a few lines in support.
Much have been said and written about road accidents but very little or nothing has been said or written to provide relief lo the accident victim* or their dependants. I want to write something about the new concept of "structured damages' now followed In England.
'Structured damages' to the victims of road-accidents would mitigate not only sufferings of the surviving victims but also be a deterrent to the owners of the vechlclcs who are vicariously liable for their drivers' negligence and careless driving.
Dhaka-Aricha accident On April 22 last year took a toll of 59 lives and maimed 100 others and Dhamra road accident on December 31. took more than 10 live* and Injured 20 others. Subsequent accident* took more live*. These victim* or their heirs will get nothing In compensation unless they bring protracted law suits on payment of huge court fees to the government. The Insurance companies escape the liability beyond Tk. 20.000/- under the Third Party Risk. They ensure the owner of the vehicle to Indemnify them to the extent of Tk. 20,000/- under the Insurance. The insurance law fixed this sum In 1940.
A survey in Dhaka District Court gives a dismal picture. One Malik Bcparel’s son was killed al Monammadpur tn 1977 by a BRTC bus He brought a law suit for Tk. 50,000/- tn 1978. 111* suit was decreed on contest and on appeal the amount was reduced to Tk 20,000/ with cost. He filed Money Execution Case In 1986 In the 2nd Court of Subordinate Judge, Dhaka.
'Structured Damages' to Road Accident Victims
BRTC was avoiding payment. Bepari Is a day labourer. He was often seen In the court-premises. Ultimately he got the dec rectal amount as late as in 1991.
Kazi Golam Mahboob, Advocate. Supreme Court of Bangladesh and a BNP leader also filed a damage suit against a private person. Hi* suit is pending for last two years as a part-heard matter,-he alleged.
Captain M N Saleem. Chief Pilot of Bangladesh Biman met with a road accident on June 1. 1984 and suicumbcd lo Injuries on June 14. 1984. His heirs brought a law suit under Fatal Accident Act, 1855 for Taka 15 million against BAIXZ, its driver and others. The taw suit was instituted in June. 1985. It ts still pending in the 3rd Court of Subordinate Judge. Dhaka. The plaintiff had to pay Tk. 17,000/- and odd to the government as court-fees. The plaintiff have no hope for early disposal of the suit. The matter ts tn argument stage for last one year or so.
In another case a day labourer was killed by a Btkalpa minibus. Ills widow Halima Khatoon filed a damage suit on September 19, 1986 for Tk. 5.00.000/- against the bus driver. Sonali Bank and Dhaka University. The suit is pending in the Second Court of Subordinate Judge, Dhaka. Halima Khatoon could not say when she would get the damages for the loss of her husband. The 11st is not exhaustive and there are many others who arc waiting to get their causes heard.
The lawyers hold the view that Government should waive the court fees for acctdeni cases, and for "structured damages" the Fatal Accident Act. 1855 should be suitably amended, providing for Interim damage* In term* of money. Thi* will give short
term relief lo the sufferings of the claimants.
In England the High Court in Sheffield has recently, awarded £2 1 million damages to a boy who became severely handicapped as a result of a car crash. The settlement was awarded ort January 29, 1991 by Mr Justice McCullough. The award was £500.000 higher than the previous largest award for a road accident victim In England. The boy, Graylee Grimsley, aged 15. had sued his father, who was driving the car. The insurance company would ultimately pay the assessed damages.
The action was brought by Garylee's mother, and supported by his father. It also Included a claim against the driver of the car which was involved in the head-on-collision tn 1985.
The accident left the boy with severe head Injuries. He has been confined to a wheelchair and has severely re stricted body movement. He has great difficulty In speaking, but is mentally aware. The Judgement brought to an end a six-year legal campaign by the family. The award was in the form of "structured damag , a new mechanism for awnnling compensation to injured plaintiff. It will provide guaranteed payment, in addition to a lump sum. for the rest of hi* life or a guaranteed minimum period of 30 year*.
The law In Bangladesh requires ■ drastic changes to maUe the Insurance company liable for the damages that may by awarded by the cin a suit under Fatal Accldcnls Art. 1855 with a provision of Interim damages. This may give some relief to the accident victim* or to the heir* of the victim*.
N Saleem Ultah
MoHjheel C/A. Dhaka.