The Bhutanese Leading the way.
This paper earlier reported on 23-year-old Lhamo (now 24), who was severely injured and left partially paralysed following an incident involving 55-year-old Leki Dorji. The victim’s family has decided to pursue legal action under the Civil Liability Act of Bhutan 2023.
In an earlier judgment, the Thimphu District Court, Family Bench, sentenced Leki Dorji to 2 years, 11 months, and 29 days in prison after finding him guilty of domestic violence. However, according to the court’s verdict, he was given the option to pay Nu 131,500 in lieu of serving the custodial sentence.
Unsatisfied with the earlier judgment, the victim’s family has now pursued civil proceedings under the Civil Liability Act of Bhutan 2023.
The victim’s family has filed a civil case with the Thimphu District Court, seeking Nu 25 million (mn) in compensation under the Act.
The victim’s brother, Passang Dorji, told this paper that the family decided to pursue the civil claim based on the victim’s permanent disability, loss of livelihood as a tour guide, and the lifelong impact of the incident on her well-being.
“We have decided to seek Nu 25 mn in compensation because my sister’s condition does not allow her to work for the rest of her life,” he said.
Passang Dorji said the family determined the compensation amount by estimating the income his sister would likely have earned over her working life had she been able to continue working as a tour guide.
“We calculated the amount by considering the income she would have earned throughout her working life. She is only 24 years old, and we took into account the earnings she could have made until the retirement age of 60, along with the lifelong impact of her condition,” he said.
However, he added that the compensation amount remains subject to the court’s decision and may be higher or lower than the figure claimed by the family.
According to Passang Dorji, he has been informed that the hearing will continue from next week. He said the hearing was initially scheduled for 30th June but was cancelled, and another hearing planned for 2nd July was also postponed after an official was unable to reach the court.
“I hope the hearing is conducted as early as possible, that the person responsible is held accountable, and that urgent support is provided to the victim,” he said.
Case background
According to the victim’s statement submitted to the court, Lhamo alleged that an argument broke out last year between her and her boyfriend, Leki Dorji, at her residence. During the altercation, she stated that he pulled her leg, causing her to fall in a manner in which her head bent under her body, after which she lost consciousness.
In his statement to the court, Leki Dorji acknowledged that a physical altercation took place but provided a different account of the incident. He stated that the dispute began after he suspected Lhamo of communicating with another man through repeated video calls.
He alleged that while attempting to take her phone, the situation escalated into a physical confrontation and that she fell after he held her leg when she attempted to kick him again. He further stated that she complained of hearing a “crack” following the fall.
He also stated that he arranged for her hospital admission through his son, who called for an ambulance, and that he advised her to inform her family about the incident, although she allegedly refused.
Lhamo, however, disputed his version of events.
Medical reports from JDWNRH indicated that emergency spinal surgery was performed following a cervicothoracic (C–T) fracture dislocation with complete paraplegia. The report stated severe spinal cord damage and noted that recovery was not possible. It further confirmed that Lhamo has permanent loss of lower limb function and loss of bladder and bowel control and is currently wheelchair-bound.
Lhamo expressed dissatisfaction with the sentencing in the domestic violence case, stating that the option of paying a fine does not reflect the severity of her condition and that the custodial sentence also does not reflect the lifelong impact of her injuries. She further alleged that while undergoing treatment, she and her family were pressured to withdraw the case, including references to the accused’s influential connections.
People in online comments questioned why the girl was with an older man but she said that in fact she was the one who used him as a tourist support and even loaned him money at times.
Her brother also expressed dissatisfaction with the sentence, stating that it does not reflect the gravity of the harm caused to his sister. He said medical professionals had confirmed that her condition is permanent and that she will not recover.
He said that although he initially appealed to the High Court, he was not satisfied with the outcome and has now pursued the matter before the Thimphu District Court under the Civil Liability Act of Bhutan 2023, seeking civil compensation for the harm suffered.
