Court cuts damages for tollway crash victims

Court cuts damages for tollway crash victims

In this Nov 26, 2015 photo, some of the family members of the victims of the 2010 Civic-van crash on Don Muang tollway leave the court after it ruled on the compensation of 30 million baht. (Bangkok Post file photo)
In this Nov 26, 2015 photo, some of the family members of the victims of the 2010 Civic-van crash on Don Muang tollway leave the court after it ruled on the compensation of 30 million baht. (Bangkok Post file photo)

The Appeal Court has cut the compensation demanded by 28 family members of the victims of a 2010 Don Muang tollway crash to 20 million baht from 30 million ruled by the Civil Court.

Orachorn 'Praewa' Thephasadin na Ayudhya.

The case involves the incident in which Orachorn "Praewa" Thephasadin na Ayudhya drove a borrowed Honda Civic and hit a passenger van while she was trying to overtake it on Don Muang tollway on Dec 27, 2010.

The impact caused the van, which carried 14 people, to overturn and hit the barriers, unlatching the door. Eight people were sent hurtling down the streets below and killed. Another one died later at a hospital while the others were wounded.

Orachorn was 16 years old at the time. The minimum driving age in Thailand is 18.

Twenty-eight family members of the victims filed a civil suit against Orachorn, her parents, the owner of the Civic car and an insurance company demanding damages totalling 113 million baht and 7.5% interest a year.

The Civil Court ruled on Nov 26, 2015 that the defendants pay 30 million baht to the plaintiffs in amounts ranging from 4,000 to 1.8 million baht each, plus 7.5% interest. The plaintiffs and some of the defendants appealed.

The Appeal Court decided on Wednesday the incident was not caused by the Civic driver alone -- the driver of the van also drove at a high speed. It ruled while the van driver was reckless, he was not as reckless as the Civic driver as claimed by the defendants.

The Appeal Court decided the rates set for the defendants by the first court were appropriate. But since the van driver was also at fault, it ruled that the defendants pay four-fifths of those rates, or 80,000 to 1.44 million baht each, totalling 19.8 million.

For criminal action, Orachorn was charged with driving without a licence and reckless driving causing death and injury.

She was eventually sentenced to two years in prison, suspended for four years. As a condition of her release, she was ordered to perform 48 hours of community service each year for three years, or 144 hours.

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