𝐂𝐨𝐮𝐫𝐭 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬 𝐀𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐔𝐧𝐝𝐞𝐫 𝐂𝐢𝐯𝐢𝐥 𝐋𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐀𝐜𝐭 𝐅𝐨𝐫 𝐅𝐚𝐭𝐚𝐥 𝐑𝐞𝐜𝐤𝐥𝐞𝐬𝐬 𝐃𝐫𝐢𝐯𝐢𝐧𝐠

…𝒄𝒊𝒗𝒊𝒍 𝒍𝒊𝒂𝒃𝒊𝒍𝒊𝒕𝒚 𝒂𝒄𝒕 2023 𝒗𝒆𝒓𝒅𝒊𝒄𝒕 𝒆𝒎𝒑𝒉𝒂𝒔𝒊𝒛𝒆𝒔 𝒍𝒆𝒈𝒂𝒍 𝒓𝒆𝒔𝒑𝒐𝒏𝒔𝒊𝒃𝒊𝒍𝒊𝒕𝒚 𝒂𝒏𝒅 𝒊𝒎𝒑𝒂𝒄𝒕 𝒐𝒇 𝒏𝒆𝒈𝒍𝒊𝒈𝒆𝒏𝒕 𝒅𝒓𝒊𝒗𝒊𝒏𝒈

By Yeshi Dolma

In a case that highlights the growing legal accountability for reckless driving in Bhutan, the Civil Bench of the Thimphu Dzongkhag Court has ordered additional compensation to the family of a young man killed in a speeding accident. The judgment, delivered on August 28, 2025, in Amar Bahadur Lama v. Choki Wangmo, underlines the real-life consequences of negligence on the road, both human and legal.

The case stems from a tragic accident in which the defendant, Choki Wangmo, while driving far beyond the permissible speed limit and in a reckless manner, struck and killed a pedestrian- the 32-year-old son of the plaintiff, Amar Bahadur Lama. The loss left behind a grieving father and a legal question that tested Bhutan’s Civil Liability Act 2023: how should the law quantify and address the human and economic cost of a life lost due to recklessness?

Following the incident, the Royal Bhutan Police registered a criminal case for reckless driving causing death. On 16 February 2024, the Criminal Bench of the Thimphu Dzongkhag Court found the defendant guilty and ordered her to pay compensation equivalent to ten years of the national minimum wage, along with ritual expenses for forty-nine days for seven persons, totaling Nu. 492,875, to the victim’s family. The criminal judgment also allowed the family to pursue a separate civil claim under the Civil Liability Act 2023 to seek any additional compensation.

Exercising this right, the deceased’s father filed a civil suit before the Thimphu Dzongkhag Court, seeking further compensation for his son’s lost income, employment benefits, and the emotional suffering the family endured. His claim projected his son’s earnings and benefits at TashiCell over the next 28 years, estimating the total loss at approximately Nu. 35.9 million. The claim also included compensation for an alleged side income of Nu. 40,000 per month and non-economic losses for the distress caused by the death.

In its detailed judgment, the Civil Bench reaffirmed that, based on the prior criminal conviction, the defendant was civilly liable to compensate the victim’s family. Referring to Sections 122 and 123 of the Civil Liability Act, the Court noted that the maximum compensation allowable for death is equivalent to fifteen years of the national minimum wage. Since the earlier criminal judgment had already granted ten years of minimum wage, the Civil Bench awarded an additional five years- amounting to Nu. 225,000 to be paid within six months from the date of the judgment.

On the issue of economic loss, the Court closely examined the deceased’s employment records. It confirmed that the deceased had been employed at TashiCell since 2 August 2023 with a basic monthly salary of Nu. 43,565. Using the formula under Sections 124 and 127 of the Civil Liability Act, the Court calculated the potential economic loss for a 15-year period, factoring in benefits such as salary, Leave Travel Concession (LTC), provident fund, gratuity, and critical allowance.

The Court found that the deceased’s projected earnings and employment benefits over the next 15 years would amount to Nu. 10,471,488. However, under Section 126 of the Civil Liability Act, compensation for future economic loss must be paid at its present value when awarded in a lump sum. After applying a 10 percent reduction, the Court ordered the defendant to pay Nu. 9,424,339.20 to the plaintiff within six months.

At the same time, the Court rejected certain parts of the plaintiff’s claim, finding them speculative or inconsistent with the deceased’s employment terms. Benefits such as leave encashment, communication allowance, and free internet connection were excluded since they are subject to company policies and vary based on leave utilization and internal regulations. Similarly, the claim for the deceased’s alleged side income of Nu. 40,000 per month for 28 years- totaling Nu. 13.4 million was dismissed after the Court found that TashiCell’s employment policy expressly prohibited outside employment or private business activities.

While the judgment brought partial closure to the grieving father, it also shed light on the difficult circumstances faced by the defendant. Choki Wangmo, a single mother of two who also supports her elderly mother, now faces a substantial financial burden as a result of the Court’s order. Despite her personal hardships, the Court emphasized that accountability under the Civil Liability Act applies equally to all- reinforcing the principle that negligent acts causing death must have consequences, both criminal and civil.

The Civil Liability Act 2023 was introduced to provide a clear legal framework for compensating victims of wrongful acts, including negligence leading to injury or death. It ensures that individuals harmed by the wrongful conduct of others can receive fair monetary compensation while also setting limits to prevent excessive or speculative claims. The Thimphu Court’s application of this law demonstrates how damages are assessed carefully, using fixed legal formulas and evidence of actual loss rather than emotion or assumption.

This verdict therefore stands as more than just a judgment between two parties. It is a cautionary example for all drivers in Bhutan. It reminds the public that reckless driving is not only a criminal offence but also carries serious civil consequences. Beyond imprisonment or fines, those found guilty may be required to compensate victims’ families for years of lost income and benefits, often amounting to millions of ngultrum.

As road traffic increases and speed becomes more common on Bhutan’s highways and city roads, this judgment highlights the need for responsibility behind the wheel. Every act of negligence has the potential to destroy lives and livelihoods, leaving long-term impacts on both victims and perpetrators.

For Amar Bahadur Lama, whose son’s life was cut short by a moment of recklessness, the Court’s decision offers partial justice and recognition of his loss. For Choki Wangmo, it represents a sobering reminder of accountability- one that now continues before the High Court, where she has appealed the decision.

Until the appeal is decided, the verdict of the Thimphu Dzongkhag Court remains a strong message about the rule of law and the value of life. It is also a timely opportunity for public reflection- that safety, care, and caution on the road are not only moral duties but legal obligations, enforced under Bhutan’s Civil Liability Act 2023.