Construction worker Mehedi Hasan Mim’s death in a Baridhara road crash has ended in a Tk9 lakh compromise between his family and the accused, leaving behind questions over whether financial compensation can match the loss of a life and ensure justice.
Mehedi’s family received Tk1 lakh for his burial and religious ceremonies and another Tk8 lakh for the future needs of his elderly parents, according to the compromise agreement.
Ajan, son of a pilot, was accused of driving the vehicle that hit Mehedi on the footpath in the capital’s elite Baridhara area on Tuesday afternoon. His lawyer Md Alamgir Hossain and Mehedi’s brother Moktadir Islam, who filed the case, confirmed the settlement.
The compromise has brought renewed debate over the ability of poor families to pursue lengthy legal battles and whether settlements in fatal road crashes can ensure accountability.
Supreme Court lawyer Manzill Murshid told TIMES that financial vulnerability often influences the decisions of families of accident victims.
“Many affected families do not have the financial ability to continue a legal battle for a long time. As a result, compensation or compromise becomes a way to settle the matter,” he said.
The agreement mentioned regular driver Akash Mark, 44, as the driver of the vehicle, while Ajan was described as a passenger. Police later said CCTV footage and other evidence indicated that Ajan was driving the vehicle.
“If the 17-year-old was actually driving the vehicle, then the question of why the case was initially filed against the driver becomes important,” Manzill said.
A family’s compromise
Defence lawyer Md Alamgir Hossain said the settlement was reached with Mehedi’s family for Tk9 lakh and the amount had already been paid.
He said the agreement mentioned that the plaintiff’s side would have no objection if the accused was granted bail or acquitted.
Asked whether Tk9 lakh could be considered the value of Mehedi’s life, Alamgir said the family made the decision themselves.
“Mehedi was a person with disabilities. His family initially did not even want to file a case,” he said.
Moktadir confirmed the settlement but declined to comment on the amount.
Court keeps case alive
Judge Md Abdul Moktadir of Dhaka Women and Children Repression Prevention Tribunal-8 on Thursday ordered Ajan Ali Sharif to be sent to a juvenile correction centre.
Investigation officer of the case, Gulshan Police Station Sub-Inspector Md Arifeen Islam, produced Ajan before the court and sought his detention.
The court fixed Sunday for the hearing of his bail application.
Meanwhile, investigation officer SI Arifeen said he was unaware of the compromise.
Asked whether the settlement would affect the investigation, he said, “No, we will continue our investigation in our own way.”
State rejects compromise claim
State lawyer Harun-or-Rashid told the court that the case filed under the Road Transport Act was not compoundable.
“Even if a family settlement is reached, the court is not bound to accept it. A person has died, and such a settlement does not automatically become acceptable to the court,” he said.
He said the case would be decided based on its merits.
Driver identity dispute
The accident took place around 5pm on 22 September on Road 1 in Dhaka’s Baridhara Diplomatic Zone, according to the compromise agreement signed on Tk300 stamp paper.
The agreement said a private car, registration number Dhaka Metro-Ga-18-6676, was travelling at high speed when the driver lost control and the vehicle climbed onto the footpath, hitting construction worker Mehedi Hasan Mim.
However, the identity of the driver has since become a point of dispute.
The agreement identified Akash Mark as the driver and Ajan as a passenger.
According to police, CCTV footage showed the car moving onto the footpath at high speed before hitting a streetlight pole. A teenager then emerged from the driver’s seat and was detained by local people, who handed him over to police.
Mehedi was taken to hospital after being struck by the vehicle, where he was later declared dead.
Questions were subsequently raised after the teenager was released. Mehedi’s brother, Moktadir, later filed a case with Gulshan Police Station, initially identifying Akash Mark as the driver.
The compromise agreement described the incident as an unintentional accident and stated that there had been no previous enmity between the parties. It said the dispute was resolved through mediation involving relatives and respected members of both sides.
‘Justice should not depend on wealth’
Human rights organisation Odhikar’s director ASM Nasiruddin Elan said economic inequality affects people’s access to justice.
“On one side of society there are people with immense wealth, while on the other side there are families struggling even for a single meal. This gap affects justice,” he told TIMES.
He questioned whether the same legal standards are applied equally to wealthy and vulnerable people.
Ajan had no driving licence
Police sources said Ajan did not have a driving licence.
Under the Bangladesh Road Transport Act, 2018, driving without a licence carries a maximum punishment of six months’ imprisonment or a fine of up to Tk25,000, or both.
Gulshan Police Station Inspector (Investigation) Ismail Hossain said further action would be taken if the absence of Ajan’s driving licence was established during the investigation.
