Compensate Russell or face auction: HC to Green Line


FE Team | Published: April 04, 2019 14:46:48 | Updated: April 04, 2019 21:54:11


FE file photo

Green Line Paribahan has drawn the ire of the High Court over its failure to pay Tk 5 million to accident victim Russell Sarkar despite being told to do so by the apex court.

Russell lost his leg after being hit by a Green Line Paribahan bus on Dhaka’s Mayor Mohammad Hanif Flyover.

The bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader ordered the manager of the transport group to appear before it at 2:00pm on Thursday, adding that the manager would face arrest if he fails to comply, according to a bdnews24 report.

The court warned that if necessary, all the buses of Green Line would be put up for auction to raise the amount in compensation.

Car driver Russell Sarkar lost his leg on April 28 last year after being run over by a Green Line Paribahan bus on the Jatrabari flyover.

Later on May 14 last year, lawyer Umme Kulsum filed a writ petition to the High Court, seeking compensation for Russell.

The High Court subsequently ordered Green Line Paribahan to pay Tk 5 million to Russell and the transport group had until Wednesday to do so.

But on Thursday, the petitioner’s lawyer Khondokar Shamsul Hoque Reza told the court, “Green Line authorities have not made any contact with us. I believe that they should physically appear before the court.”

In response, Green Line’s lawyer Md Ojiullah said that he had informed the transport group of the order. But the group’s proprietor is currently abroad for medical treatment.

The court later ordered the group’s manager to appear before it or risk facing arrest.

The hearing was attended by a crutch-ridden Russell accompanied by his wife and child.

On Mar 31, the Appellate Division upheld an order by the High Court to pay Tk 5 million to accident victim Russell.

The appellate bench comprising four judges led by Chief Justice Syed Mahmud Hossain passed the order, rejecting the plea of Green Line Paribahan that sought a stay on the High Court order.

During the primary hearing on the appeal, Russell told the court that the Green Line authorities were yet to assist him financially. And that they did not even inquire about him or carry out his medical expenses. 

After hearing Green Line’s explanation of the accident on March 12, the High Court ordered Tk 5 million in payment to Russell within two weeks.

The court also issued a rule asking why the Green Line authorities should not be ordered to pay him in millions.

The chamber judge on March 14 stayed the High Court order and sent the matter to the Appellate Division for a hearing after the Green Line authorities filed a plea asking for a stay on the High Court order.

Abdul Baset Majumder and Md Ozi Ullah attended the hearing on Sunday on behalf of Green Line Paribahan in the Appellate Division. Khabir Uddin Bhuiyan represented the writ petitioner.

Lawyer Umme Kulsum said the High Court order to pay Russell Tk 5 million along with other necessary expenses would be upheld because of the Appellate Division order.

The order passed on March 12 by the court also asked the Green Line authorities to bear the cost of Russell attaching an artificial leg using the latest technology.

The Green Line authorities were also told to bear additional costs if surgery was needed on Russell’s other leg.

The court on March 31 ordered Green Line Paribahan to submit a progress report on the implementation of the court order. The report was due to be submitted on Sunday to the relevant court, according to the order.

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