Driver in Zilukha accident case charged to court

The Royal Bhutan Police (RBP) charge sheeted the 24-year-old female driver in the Zilukha accident case on Thursday with two charges of Culpable Driving and Failure to Obey Zebra Crossing rule ,which are listed in the Road Safety and Transport Act 1999 and the Road Safety and Transport regulations.

The driver had been arrested at the accident site at Zilukha on the Chubachu-Jungshina highway after her speeding Creta vehicle hit a 20-year-old woman crossing the zebra crossing and dragged the girl for 30 to 40 meters. She had been detained for two nights and later got bail.

The female driver works as a manager in a family business.

The Culpable Driving under the Act that will likely apply to the driver is section 66 (2) where “A person culpably drives a motor vehicle if he or she drives the motor vehicle: (a) with conscious and unjustifiable disregard to a substantial risk that death may result from his or her driving; (b) with unjustifiable gross non-observance of a standard of care which a reasonable person would have observed in all the circumstances.”

It is an offence and liable to imprisonment for at least six months or as the Court determines, or a penalty of 50 penalty units (Nu 2,500) or both.

RBP is asking for this as there was non observance by the driver while driving, and her car hitting and dragging the victim could have caused the death of the victim.

RBP is asking either imprisonment or the fine or both, which means the court will decide.

The Failure to Obey Zebra Crossing under Schedule 6 (59) rule will attract a fine of Nu 700. This is for not slowing down or stopping near the Zebra crossing.

RBP has also asked the Court to cancel her license. This will mean no vehicle license for a year, after which she has to do a driving test and pass the overall test to be eligible for a license again.

Apart from the above, the Court will decide what is the financial compensation that is to be paid to the victim, and it will mainly come down to the medical report and the appeal by the victim. The amount may be bigger if the victim misses her MBBS admission for a year, which is still up in the air as the victim was supposed to fly the next day after the accident to submit her original papers and secure her scholarship admission.

A RBP source said it is not clear why the driver did not see the zebra crossing in broad day light, and even if no one is there to cross,  it is the duty of every car to slowdown near a zebra crossing.

The source said that the Penal Code will not be applicable as it is used for more serious cases like hit and run, death and permanent disability, etc.

Apart from the above, the victim has the option of suing the driver under the Civil Liability Act for financial damages which would be a separate civil case.

A short while before the accident, the RBP Traffic section had written to the Bhutan Construction and Transport Authority (BCTA) and Thimphu Thromde to make Zebra crossings more visible. The three agencies had even done a few site visits.

This has been motivated by the 17th September 2024 accident case when an excavator drove over and killed a 32-year-old mother and her 3-year-old daughter in Phuentsholing when the two were crossing a zebra crossing near the BCTA office.

A RBP official said all major zebra crossings need to be made more visible with signboards, reflective color and even road studs that blink at night. 

When asked if road bumps could be installed, the RBP official said it is not a good idea as it will slow down traffic and cause jams and may also cause accidents for drivers not aware about the road bumps.

In the meantime, the paper talked to the victim and she said her admission for the MBBS course is still uncertain.