Dhaleshwari toll plaza crash: HC seeks explanation over compensation

The High Court yesterday issued a rule asking the respondents to explain why they should not be ordered to pay Tk 1.5 crore in compensation to each of the families of six people who died in a road accident at the Dhaleshwari toll plaza on December 27 last year.

The court also questioned why each of the five people who were injured in the same accident should not be given Tk 50 lakh in compensation.

The secretaries at roads and highways department and home and law ministries, chairman of Bangladesh Road Transport Authority (BRTA), executive director of Bangladesh Bridge Authority, country manager of Korean Expressway Corporation, deputy commissioner of Dhaka; superintendent of police of Dhaka; upazila nirbahi officer of Dakkhin Keranianj; owner of Bepari Paribahan; trustee board chairman of BRTA, and officers-in-charge of Sirajdikhan (Hashara Highway) and Dakshin Keraniganj police stations have been made respondents to the rule.

The HC bench of Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua issued the rule following a writ petition filed by two injured victims -- Md Nur Alam and Suman Miah -- seeking necessary directives for compensation.

In the rule, the HC also asked the respondents to show causes why they should not be ordered to take necessary steps to amend three sections the Road Transport Act, 2018 as those provisions have provided inadequate punishment for the offences mentioned in the sections.

Under sections 98, 99 and 105 of the Road Safety Act, maximum punishment for committing grave accident is five years' imprisonment which is very inadequate in comparison to the gravity of the offence, writ petitioners' lawyer Shamsur Rahman Badal told The Daily Star.

He said the writ petitioner Nurul Alam along with his family members -- wife Anamika, 23, son Ayaz, 3, mother-in-law Amena Begum, 48, sisters-in-law Ishrat Jahan Emi, 25 and Rihamoni, sister Fahmida Akhter Nadia, 18, and driver Habibur Rahman were going to Gopalganj from Dhaka by his private car to attend a Kulkhwani programme on December 27 last year.

Around 11:00am, the private car (Dhaka Metro-Ga-15-8264) was waiting at the toll booth at Dhaleshwari Toll Plaza.

All of a sudden, the driver of the Kuakata-bound Bepari Paribahan bus "deliberately" hit the private car from behind.

Four family members -- Ayaz, Amena, Ishrat and Rihamoni died on the spot; and Nur Alam, Anamika, Fahimda and driver Habibur were seriously injured.

The bus also hit a motorcycle, killing Reshma Aktar, 33, wife of another writ petitioner Suman Miah who was also injured, and their seven-year-old son Md Abdullah.

The three vehicles were reported damaged in the mishap and the bus staffers managed to flee the scene.

Senior Advocate Fazlur Rahman and lawyers Shamsur Rahman Badal, Md Ripan Hossain, Abdur Razzaq and Md Khwaja Moinuddin appeared for the writ petitioners during hearing yesterday.