A 58-year-old woman who was hit by a streetlight pole in Changjiji in Thimphu is still confined to bed although she was discharged from the hospital recently. Police have registered the case against National Housing Development Corporation Limited and investigating it. As per law experts, an individual can file a case against the office concerned to fix the accountability.
As per the CCTV footage that went viral on social media, the woman could be seen walking along the footpath in Changjiji. Suddenly, a streetlight pole collapses on her, due to the strong wind, bringing her to the ground. The footage also reveals passersby helping the woman reach the hospital. The woman’s husband said her legs were fractured and underwent surgery. She also had an injury on her head.
Had the authority concerned constantly monitored and carried out maintenance, her husband says the incident could have been avoided. They filed the case against the National Housing Development Corporation Limited (NHDCL) with the Police.
Regarding such incidences, a law expert said the victim should be encouraged to file a lawsuit.
“This incident is another example of how public service agencies can get away with their failures. I think in this context, the victim should in fact file and find legal means to fix the accountability of the public service agencies. And one of the ways is to of course file a criminal case. There is a provision under the Penal Code of Bhutan where appropriate compensations can be sought,” said Sonam Tshering, a Faculty of Jigme Singye Wangchuck School of Law.
He added that the family of the woman could even file a civil suit.
“One can file a case including the mental trauma that a person goes through, the physical injuries that a person has suffered and the medical expenditure. When we say medical expenditure, many of us think that we have free services but what about transporting them to the hospitals, attendants they have to stay there and the economic loss that person bears. And of course, the mental trauma that their children and the family go through. So, all this taking into consideration, I think the woman can take them to the court and set a precedent,” he added.
When BBS visited the Changjiji housing colony area, some of the streetlight poles were rusted.
BBS also contacted the NDHCL but they have no comments.
Tshering Zam
