Bangladesh Beverage Industries Ltd. v Rowshan Akhter & others
Reference 1 : 62 DLR (HCD) (2010) 483
Reference 2 : 69 DLR (AD) (2017) 196
Jurisdiction : Bangladesh
Plaintiff : Rowshan Akhter
Defendant : Bangladesh Beverage Industries Ltd.
Facts :
Mojammel Hossain Montu was an established journalist. He worked as a news reporter in the “Daily Shongbad.” Additionally, he was a broadcaster, playwright, and poet. On December 3, 1989, he purchased a pack of cigarettes from a street-side shop. After purchasing cigarettes, while he was crossing the road in front of a building called “Ananda Bhaban,” which is situated in Kakrail, a minivan of Bangladesh Beverage Industries Ltd. came from the wrong side, hit Mr. Montu, and fled away. As a result, he suffered fatal injuries, and his head, face, and skull were completely shattered. The doctor said that the hemorrhage from the facial and head injuries had caused the death. At the time of death, Mr. Montu was approximately 44 years old, and he left his two minor sons, wife, parents, a brother, and a sister. Then the deceased’s wife, “Rowshan Akhter,” filed a money suit in Dhaka Judge Court on January 1, 1991. In March 2005, the District Judge decreed the suit in favor of the plaintiff and awarded compensation. Then Bangladesh Beverage Industries Ltd. appealed to the High Court Division. The High Court Division announced the judgment in 2010 in favor of the “Rowshan Akhter” but reduced the compensation. Then Bangladesh Beverage Industries Ltd. further appealed to the Appellate Division against the decision of the High Court Division. The Appellate Division announced the judgment in 2016 in favor of the “Rowshan Akhter,” but the Appellate Division reduced the compensation.
Decision : District Judge
During the trial process, one witness was presented by the defendant and he said that the driver was driving the minivan on the right side of the road and the journalist was walking on the opposite direction of the minivan and he was hit. But the argument of defendant’s witness was proven false during cross-examination. Then three eye witnesses were brought to the court and they said that they were present at the scene of the accident. They testified in favor of the plaintiff. So, the District Judge said, ❝…as the driver is an employee of Bangladesh Beverage Industries Ltd. and he caused accident in the course of employment, so the Bangladesh Beverage Industries Ltd. is vicariously liable…❞ Then the District Judge ordered the company to give compensation to the victim’s family on the basis of 6 grounds.
- The court ordered the company to give BDT 19,07,008 as compensation on the ground of ‘loss of potential earnings‘.
- The court ordered the company to give BDT 2,00,00,000 as compensation on the ground of ‘damage caused to the infants for being deprived of father’s affection, care and nursing‘.
- The court ordered the company to give BDT 1,00,00,000 as compensation on the ground of ‘damage caused to the widow for being deprived of husband’s affection, care and nursing‘.
- The court ordered the company to give BDT 32,40,000 as compensation on the ground of ‘loss of post-retirement earnings‘.
- The court ordered the company to give BDT 50,000 as compensation on the ground of ‘loss of son’s ability to use their father’s goodwill‘.
- The court ordered the company to give BDT 1,00,000 as compensation on the ground of ‘damage and shock caused to the deceased other family members by the premature death‘.
The total amount of compensation was BDT 3,52,97,008.
Decision : High Court Division
After the declaration of judgement by the District Judge, Bangladesh Beverage Industries Ltd. appealed to the High Court Division. In the High Court Division, Justice Sharifuddin Chaklader and Justice MD. Nuruzzaman conducted this case. The learned Justice states that the ground no. 5 (Loss of son’s ability to use their father’s goodwill) and 6 (Damage and shock caused to the deceased’s other family members by the premature death) are “totally vague and cannot be substantiated”. So, the Justice of High Court Division dismissed the ground no. 5 and 6. Then they considered the ground no. 2 (Damage caused to the infants for being deprived of father’s affection, care and nursing) and 3 (Damage caused to the widow for being deprived of husband’s affection, care and nursing) and reduced the amount of compensation on these grounds. They gave a combined award for the grounds 2 and 3 and the reduced amount is BDT 1,50,00,000.
The total amount of compensation by the High Court Division was BDT 2,01,47,008.
Decision : Appellate Division
After the declaration of judgement by the High Court Division, Bangladesh Beverage Industries Ltd further appealed to the Appellate Division. In the Appellate Division, Justice Surendra Kumar Sinha, Justice Syed Mahmud Hossain, Justice Hasan Foez Siddique, Justice Mirza Hussain Haider, Justice Mahmud Hossain conducted this case. The Appellate Division reduced the High Court Division’s combined award of the ground no. 2 and 3. As a result, the amount was reduced from BDT 1,50,00,000 to BDT 1,20,00,000.
Finally, the total amount of compensation reached BDT 1,71,47,008.
Author :
1. Fahim Ahmed
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