The Bhutanese Leading the way.
On 17 September 2024, the Royal Bhutan Police (RBP) forwarded the Phuentsholing accident case to Office of Attorney General (OAG), charging the 18-year-old excavator driver with negligent homicide.
At around 8:30 am, a devastating incident occurred on 16 August 2024, when an excavator hit a 32-year-old woman along with her 3-year-old daughter, resulting in their instant death.
As per the Penal Code of Bhutan, a defendant shall be guilty of the offence of negligent homicide, if the death is a result of the defendant’s negligence.
The offence of negligent homicide shall be a felony of the fourth degree.
A defendant convicted of a felony of the fourth degree shall be sentenced to a term of imprisonment, a minimum of which shall be three years and a maximum of which shall be less than five years.
RBP has charged the private construction company whose excavator was involved in the incident under section 89 of the Civil Liability Act, negligence in exercising control retained by employer.
This section states that an employer who entrusts work to a contractor, but who retains the control of any part of the work owes a duty to exercise reasonable care for the safety of others. If harm is caused to others by the employer’s failure to exercise her control with reasonable care, the employer is subject to liability for the harm caused.
RBP shared that the 18-year-old driver during the incident was unlicensed. He only had a learner license for only light vehicle.
The driver had tested negative for drug and alcohol.
The husband of the deceased shared that his 6-year-old son is in class PP and is continuing his studies.
He shared that the private construction company whose excavator was involved in the incident has assisted him with conducting the funeral rites and rituals till 21-days, and has assured to assist him conduct the 49th Day rituals as well.
The company has also agreed to provide yearly school expenses for his son. Starting September, the company has started paying the child’s insurance which will continue till he turns 18 years old. He was also assured that support will be given to his son to pursue higher studies, including providing the son with a job.
Meanwhile, the canteen which his deceased wife used to run is up for sale. He is grateful to Food Corporation of Bhutan for offering him regular job wherein he was working as a daily wage worker.
The accident occurred at the zebra crossing near the Bhutan Construction and Transport Authority next to the Norgay Bridge roundabout when the mother and daughter were returning home after dropping the six-year-old son to school in the morning.
