Criticism mounts over Tk5 lakh aid for metro rail accident victim’s family
The country has no specific law providing state compensation for deaths caused by such accidents
The government has announced Tk5 lakh in immediate financial assistance for the family of Abul Kalam, a pedestrian who was killed when a bearing pad fell from metro rail pillar number 433 in Dhaka's Farmgate area. It has also said it will bear all funeral expenses, and employ a family member at the metro rail company.
However, the announcement has sparked widespread criticism on social media. Many users have questioned whether the life of a citizen lost due to state negligence or failure of duty can be valued at just Tk5 lakh.
A Facebook user named Sanaual Haque Sani wrote, "So Abul Kalam's life is worth Tk5 lakh. But what about the tears shed? State, please set a price for those too. Do tears have a price? Yet they'll cry for the rest of their lives — at least fix a consolation price for that."
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Thousands of similar comments have been circulating across social media platforms.
Although citizens expressed outrage over the government's compensation announcement, a closer look reveals that Bangladesh has no specific law providing state compensation for deaths caused by such accidents.
Under the Road Transport Act 2018, there is a provision for compensating victims killed or injured in road accidents. A fund has been created for this purpose. From that fund, the Bangladesh Road Transport Authority (BRTA) provides Tk5 lakh to families of those killed, Tk3 lakh to the seriously injured, and Tk1 lakh to the slightly injured. The family must apply within 30 days of the accident using a prescribed form. However, the accident must arise from a motor vehicle.
Despite the existence of the fund, few victims actually claim the compensation — reportedly, only about 10% of families of those killed and 2% of the injured receive it due to lack of awareness.
The Labour Act also allows for compensation, but only when the accident occurs at the workplace.
There is, however, another law — the Fatal Accidents Act, 1855, last amended in 2006 — which provides a legal route for families to claim compensation if a person's death occurs due to another's wrongful act, negligence, or default. Under this law, the deceased's spouse, parents, or children can file a case in court. In practice, however, very few such cases are known.
In the past, some victims' families have filed writ petitions under Article 102 of the Constitution seeking compensation for deaths caused by negligence. Some have received compensation, while others are still waiting.
For instance, the family of Jihad, a child who died after falling into an open pipe at a government construction site in Shahjahanpur, Dhaka, received Tk20 lakh. Families of four patients who died in a fire at United Hospital were awarded Tk1 crore, which the authorities later paid. The family of visually impaired Shanu Mia, who fell into an open Wasa manhole on Paltan Culvert Road, received Tk50 lakh jointly from Dhaka South City Corporation and WASA. Russell, a private car driver who lost his leg after being hit by a Green Line Paribahan bus, received Tk10 lakh.
However, the family of Rajib Hasan, a Titumir College student who lost an arm and later his life in a feud between two buses, has yet to receive the Tk50 lakh compensation ordered — the case remains pending in the Appellate Division. Likewise, the Tk4.5 crore compensation ruling for the family of internationally acclaimed filmmaker Tareque Masud is also stalled in appeal. Several similar cases remain unresolved in court.
Constitutional expert and Supreme Court lawyer Ahsanul Karim said that although Article 36 of the Constitution ensures citizens' freedom of movement, it does not explicitly recognise the right to safe, well-maintained, and motorable roads. As a result, victims of poor road management cannot easily claim compensation.
He added that many accident victims or their families file writ petitions under Article 102 seeking compensation, but since there is no explicit constitutional recognition of such remedies, the High Court often cannot provide relief. Even when lawyers refer to international judgments as precedents, victims end up receiving nothing. Though the High Court and Appellate Division have delivered notable verdicts in several compensation cases, implementation remains impossible due to legal loopholes.
"Today's metro rail accident death," Karim said, "is the kind of case where courts in other countries, under tort law, would order appropriate compensation. But our tort law is outdated and inadequate — it must be modernised without delay."
He further noted that even though the Road Transport Act 2018 established an accident compensation fund, it is not being properly implemented. The growing number of road accidents in the country is alarming, yet there has been little visible action to address the crisis. Many families who pursue cases in judicial courts ultimately gain no benefit, as the legal process brings no meaningful outcome.
