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Negligent death and injury to be compensated as Joint Sitting passes Civil Liability Bill

July 3, 2023
in Disaster, Other Stories
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The next time you harm a person’s emotional well-being due to your negligence, which is also called non-economic damage, you could end up paying up to 10 years of minimum wage as compensation. This is because a first-of-its-kind Civil Liability Act is in the offing with the Bill being passed in a Joint Sitting today. However, a few members of the National Assembly said the compensation should be repealed as it could get expensive, especially for lower-income people.

Non-economic damages are one of the 81 disputed clauses between the two houses. Previously, while the council discussed the need for compensation for non-economic damages, the assembly repealed the clause. However, the Joint Committee decided to keep the Council’s recommendation.

If calculated in money, it amounts to around Nu 450,000. According to a few members, the compensation for such nature of damages could be expensive for people.

“Other countries might have this but their economy is well developed. If the culprit liable is rich, they might be able to pay compensation in big amounts. But in Bhutan, it is hard to survive already. We will make laws right now but we will be the very people who will have to use this law first. Laws like this should be made not only for others but we should keep ourselves in the shoes of the culprit too,” said Ugyen Wangdi, Dramedtse-Ngatshang MP.

“The compensation for the economic damages has been mentioned earlier in the Bill. I don’t see the need to specify in detail the kind of such non-economic damages,” said Dawa, Chhoekhor-Tang MP.

“It is very risky for middle-income people like taxi drivers, and bus drivers. This includes paying compensation in thousands and millions. Our country’s economy is very bad. For such a nature of damages, some people will easily get rich. We don’t know if this law is going to benefit the rich or poor,” said Jurmi Wangchuk, Drukjeygang-Tseza MP.

In case of the death of an individual caused due to negligence which is specified as economic damages in the Bill, a person will have to pay up to 15 years of minimum wage as compensation. In addition, the claimant will also receive compensation for rituals and the loss of income.

Despite the reservations of some members, the Bill was passed as proposed by the Joint Committee with 44 Yes votes and 13 No votes. Seven members abstained from voting.

Samten Dolkar/Karma Wangdi

Edited by Kipchu

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