The Civil Court ordered the “Police Police Sergeant” who crashed a big bike into Dr. Kratai to pay compensation of 27.3 million baht.

Bangkok, The Civil Court orders a Police Constable to drive a big bike and hit a doctor who died. Compensate parents in the amount of 27.3 million baht, dismiss the lawsuit against the Royal Thai Police. Reporters report that on March 25, 2024, the Civil Court read the judgment in the civil case, black number Por 846/2022, between Dr. Aniruth. Suphawat Chariyakul No. 1, Ms. Ratchanee Suphawat Chariyakul No. 2, the plaintiff, and the Royal Thai Police No. 1, Police Sergeant Narawit Buadok No. 2, the defendant. The court ordered the defendant No. 2 to pay 331,230 baht to both plaintiffs. Payment of 13,500,000 baht to plaintiff no. 1 and payment of 13,500,000 baht to plaintiff no. 2, together with interest at the rate of 5 percent per year on the principal of each such amount from January 21, 2022 onwards until payment is completed. However, if the Ministry of Finance adjusts When was the rate changed by enactment to royal decree? It must be adjusted accordingly, plus an additional rate of 2 percent per year, but it must not exceed the rate of 5 percent per year, as requested by both plaintiffs. The second defendant should use the legal fees. on behalf of both plaintiffs The attorney's fee is set at 50,000 baht. The costs of litigation will be folded and the case dismissed for the 1st defendant. The court fees and litigation expenses between the two plaintiffs and the 1st defendant will be folded. Other requests will also be dismissed. Regarding the black civil case No. Por 846/2022, the two plaintiffs filed a lawsuit against the two defendants for infringement, concluding that the first plaintiff and the second plaintiff are the legal parents of Dr. Waralak. Supawat Chariyakul, the deceased, the 1st defendant is a juristic person under the Royal Thai Police Act 2004, the 2nd defendant is a police officer under the 1st defendant, in the position of Squad Commander, 2nd Company, 1st Division, Protection Division. and crowd control (Region 1, OCAF), on January 21, 2022, at approximately 3:00 p.m. - 4:00 p.m., the 2 nd defendant, while performing his duty to receive government documents to deliver to officials or agencies under the 1st defendant, drove The motorcycle left the Metropolitan Police Headquarters at a speed of approximately 108-128 kilometers per hour. Passed in front of another vehicle less than 30 meters before reaching the zebra crossing, intentionally or with gross negligence, crashed into the deceased. While walking across the zebra crossing in front of Bhumirajanakarin Kidney Institute Hospital, Thanon Phaya Thai Subdistrict, Ratchathewi District, Bangkok, the second defendant received minor injuries. No help It caused the deceased's death approximately 30-60 minutes after the incident and the first defendant had a duty to supervise. Supervise work and maintaining discipline of police officers Neglecting and allowing the second defendant to use an illegal motorcycle to carry out his duties. Driving a motorcycle violated the law and did not arrange for the 2nd defendant to receive training to drive a mot orcycle safely. The 1st defendant, as a traffic officer, performs his duty to maintain safety on the road. Neglecting to prepare various measures necessary to protect Accident at a zebra crossing which directly resulted in the death of the deceased. Therefore, the 1st defendant must be jointly liable with the 2nd defendant for the results of the said violation. Request to compel the two defendants to jointly or alternately pay for the funeral expenses and necessary expenses. for funeral arrangements in the amount of 539,493 baht with interest at 5 percent per year on the principal amount of 537,505 baht and for bereavement costs in the amount of 72,266,301 baht with interest at 5 percent per year on the principal amount of 72,000,000 baht from the day after the lawsuit was filed. onwards until payment is made to both plaintiffs by the court The evidence of the plaintiff and both defendants shows that according to the Royal Thai Police Act 2022, Section 6, paragraph one, the first defendant is a government ag ency with the status of a juristic person under the command of the Prime Minister. and has the following duties and powers… (2) Supervise, control and supervise the work of police officers who carry out According to the Criminal Procedure Code and other laws and Section 11 and Section 12 of the said Act. It has been determined that the first defendant divides the government agency into different parts. Therefore, the first defendant's duty is only a general duty to control, supervise, and command the government agencies and police officers under the first defendant to perform their duties in accordance with the law, regulations, and regulations. Orders and policies of the 1st defendant as a whole, with hierarchical supervisors controlling, supervising, and commanding the 2nd defendant to conduct himself and maintain civil servant discipline. The second defendant's failure to uphold the discipline of police officers Using a motorcycle illegally, not wearing a license plate, not having insurance according to th e Motor Vehicle Accident Victims Protection Act B.E. 2535, not paying annual taxes, not wearing side mirrors, and driving in violation of traffic rules. The 2nd defendant's commander set up a disciplinary committee and investigators to prosecute the 2nd defendant, receiving advice from Police Lieutenant Colonel Montri. The second defendant's commander said that after the incident, the commander of security and crowd control The second defendant's agency has ordered the establishment of a fact-finding committee to investigate the matter. Disciplinary action and considered a punishment of 30 days of detention according to a copy of the Order of the Crowd Protection and Control Division No. 10/2022, and the investigating officer additionally charged the second defendant with driving a motorcycle not keeping close to the left edge. Driving without following the markings on the road. (Do not stop to let people cross the zebra crossing.) Bring a motorcycle that does not have a license plate on it. The registration is used in Use a vehicle that has not yet paid annual taxes. Bring a motorcycle that does not have insurance. Damage according to the Car Accident Victims Protection Act, B.E. 2535, used in the way of using a vehicle that has controls or machines. The equipment is not complete. (No side mirrors) Driving without consideration for safety. or the suffering of others and driving a motorcycle on a bus lane in Bangkok at a speed exceeding the law's limit The prosecutor filed a case against the second defendant with the Criminal Court. The court ruled in criminal case No. Red No. A1049/2565 that the defendant was guilty as charged and sentenced him to imprisonment and the confiscation of the stolen motorcycle. When the behavior of driving and using a motorcycle violates The law is the personal matter of the 2nd defendant who lacks conscience despite the 1st defendant's orders. Police officers maintain traffic discipline. and strictly comply with the law, control and strengthen behavior and discipline of police offi cers, where the second defendant had attended a training meeting to tighten discipline regarding behavior and Police regulations established by the parent agency according to the orders of the first defendant. The first defendant does not have the authority alone to regulate traffic. Must be approved by the Traffic System Management Subcommittee. There are processes and procedures jointly operated by several agencies, including Bangkok. Ministry of Transport and local administrative organizations. Therefore, the first defendant, as a traffic officer, has a duty to supervise traffic. Maintain safety on the roads Compliance with laws, rules, regulations, orders and policies is a general duty. It is not a duty and responsibility. The sole responsibility of the first defendant is only one agency. When the cause of this case arose from the 2nd defendant's wrongdoing by driving a motorcycle and hitting a deceased person, which is a legal cause which is the 2nd defendant's exclusive liability, the 1st defendant cann ot ratify the results of the 2nd defendant's infringement. Therefore The 1st defendant is not liable for the results of the 2nd defendant's infringement against the two plaintiffs. On the issue of whether the two defendants are liable to the two plaintiffs or not, it is seen that when the facts are heard as determined above, the first defendant did not commit a violation. Therefore, there is no liability to the two plaintiffs. The cause of this case arose from the infringement of the second defendant alone and therefore must be personally liable to the two plaintiffs. According to the Civil and Commercial Code, Section 443, the offender is liable for funeral expenses. Including other necessary expenses. In the case of causing death which determines the value of such damage The court must consider the cost of the conversion. Funeral and customary expenses as necessary and appropriate as well as the status of the deceased and the two plaintiffs who are parents When considering the expense summary table Expense details, cash bill, proof of payment and photos of a funeral with many guests attending Senior civil servant and national executives, funeral expenses and other necessary expenses A total of 331,230 baht is appropriate. Set upon request for medical expenses before death Donations to the Chao Phraya Abhaibhubejhr Hospital Foundation and the Children's Hospital Foundation, the cost of iPads, bags, shoes, and clothes of the deceased It is not the cost of cremation and other necessary expenses as requested by both plaintiffs. Therefore, it is not specified. As for the cost of the boat floating on Tuesday. Both plaintiffs have no costs. Since it is a Marine Police boat, there is no charge for it, so it is not required. As for the loss of support, it is considered that according to the Civil and Commercial Code, Section 443, last paragraph, the determination of compensation in this section must be considered according to the status of the deceased and the two plaintiffs who are entitled to receive the compensation . foster care As well as the income of the deceased and the period of time for providing care and support, if the deceased was still alive at the time of the incident, Plaintiff No. 1 and Plaintiff No. 2 were both 64 years old and had the opportunity to receive legal support at least. 15 years old. The deceased was 33 years old and practiced as an ophthalmologist. He is a medical doctor specializing in 2 fields, a subspecialty in retinal and vitreous diseases and a subspecialty in immune and inflammatory diseases. Working as a temporary employee Doctor position police hospital Royal Thai Police From November 16, 2021, receive a monthly salary of 21,000 baht and additional money for the position. For those with special circumstances, public health workers (P.S.C.) will receive 10,000 baht per month, totaling 31,000 baht. If they are on part-time duty, they will receive compensation of 1,200 baht per time according to document number C.58 or L. 73 and document warrant C.59 or L.74, received information from Pol ice Lieutenant Colonel Kamin Sawangchit, position of Inspector of Personnel Administration, Police Hospital Administration Division, that If the deceased is selected as a police officer under the police hospital in As a qualified person, TISTR, Department of Ophthalmology and subspecialty of ophthalmology, immunity and inflammation. Will be appointed to the position of Medical Officer (S.B.1) with the rank of Police Lieutenant. and will be promoted Salary increases accordingly. In addition, the deceased worked part-time at 3 other private hospitals, earning an average annual income of not less than 1,800,000 baht to 2,400,000 baht as he gained more experience and expertise. will receive 3 to 5 times more compensation, which is consistent with the testimony of Dr. Adisai Waradisai, an ophthalmologist in the field of retina that If the doctor has more years of service, is famous, works in many places. Will have an additional income of 300,000 to 500,000 baht or more per month. Both defendants have no evidence t o refute otherwise. Therefore, if the deceased were alive, they would have income. Increases according to experience and years of work. Considering the two plaintiffs who are pensioners Even though I have income from salary, I am in old age. Having health problems, having to see a doctor and taking medicine continuously, having a high monthly family expense burden. It is seen that it is appropriate to determine the loss of support and maintenance to the first plaintiff and the second plaintiff at 13,500,000 baht each with interest at 5 percent per year on the principal of 331,230 baht, 13,500,000 baht, and 13,500,000 baht, respectively, from the date of the violation, January 21, 2022 onwards until When will the payment be completed if the Ministry of Finance changes the rate by enacting a Royal Decree? It shall be adjusted accordingly, plus an additional rate of 2 percent per year, but this must not exceed 5 percent per year as requested by the plaintiff. According to the Civil and Commercial Code, Section 7 , together with Section 224. Source: Thai News Agency