The Bhutanese Leading the way.
On 12th July 2024, farmer Gyem Gyeltshen, through his legal representative, decided to sue the Druk Air seeking compensation for the deaths of his 38-year-old wife, Dresang Dema, and his four-year-old daughter, Nima Peday, in a helicopter crash on 3rd March 2023.
He is also seeking compensation for injuries and damages to himself and his other daughter who survived the crash with injuries and much emotional and mental trauma, and loss of cordyceps income.
The final investigation report said the probable cause was human error of the pilot caused by management and relation issues.
The case has been controversial from the start because it was seen as an attempt to lowball a Bhutanese farmer and also place a minimal value on a Bhutanese life by major international reinsurance companies.
Even though Druk Air had an insurance policy of offering USD 200,000 for each death without any litigation, the international reinsurance companies only offered USD 10,000 each.
They cited local laws like the Road Transport Safety Act and the Bhutanese Penal Code to argue that the compensation of a Bhutanese life inclusive of the death rituals is Nu 813,000.
While Druk Air quickly processed and got its chopper insurance, for a long time they did not even inform Gyem of the insurance policy or that he is entitled to a much higher amount as a local lawyer representing the international companies offered Gyem only USD 10,000 for each death.
A source said that all the hearings, rebuttals, evidence and witness stages are over, and now a final closing argument is the only stage left for which the Civil Bench of the Thimphu District Court will soon give a date to both sides.
Closing arguments in a civil case is not always a must, but it has been learnt that given the nature of the case, the court decided that both sides should give formal closing arguments.
The closing arguments will mainly be a combination of the summary of their main arguments of both sides combined with a point of view and prayer to the court.
Gyem’s legal representative, on behalf of Gyem, is seeking damages or compensation for the deaths, injuries, trauma and loss of income caused by the negligence of Druk Air’s helicopter service, in addition to the Insurance Policy. Gyem’s lawyer has already cited earlier precedents.
One is Desuup Phub Gyem’s case where she sued two ministries and private individuals for Nu 28 million (mn) in her accident case and won in 2022, and in the NHDCL Changjiji electric pole case where the family sued and won Nu 2.72 mn.
On the other side, Druk Air’s lawyer has been arguing that damages to be paid are limited under the Penal Code and RSTA Act.
A source said that the reason why the case has taken so long is because the Druk Air has been seeking long breaks in between hearings.
The source said that given where the case has reached, it is likely that a judgment may come out before the case touches one year in July.
The judgment will be keenly awaited as it will set an importance precedent with implications on the value of a Bhutanese life, validity of insurance policies, passenger rights and the quantification of damages.
