Driver involved in fatal crash ordered to pay MVR 1M to victim’s family

The Criminal Court has ordered a pickup driver involved in an accident in Male’ City in 2014 which killed a preschooler to pay MVR 1 million as diya (blood money) to the victim’s family. 

Mohamed Adam, H. Happynight Irumatheebai, K. Male’, was speeding on his pickup from west to east on Majeedhee Magu on the wrong lane when he crashed into two motorcycles travelling in the same direction. 

The accident resulted in the death of a four-year-old child on the backseat of one of the motorcycles. 

The State charged Mohamed with failure to comply in connection to the case. 

The Criminal Court, on Sunday, found evidence and witnesses presented by the State sufficient to prove Mohamed's negligence in the case. 

The court said that though Mohamed claimed the accident took place because of a muscle spasm in his stomach and waist, medicolegal records presented by the State show there’s no evidence of him being susceptible to something that. 

The court fined Mohamed by MVR 250 – the maximum fine prescribed under the Penal Code when the accident had taken place. He was ordered to pay the fine to Maldives Inland Revenue Authority (MIRA) within one month. 

The court also ordered Mohamed to pay MVR 1 million as diya under Islamic law – in accordance with the wishes of the victim’s heirs. 

He was ordered to pay the MVR 1 million within five years. 

The court also ordered Mohamed to fast for two consecutive months as kaffara. 

The ruling marks the first time for a court in Maldives to order the payment of MVR 1 million as diya for loss of life. Courts previously ordered MVR 100,000 as diya for loss of life. The Supreme Court increased the amount to MVR 1 million in July this year. 

The amount set for dhiya had been MVR 100,000 when the fatal accident took place in 2014. Some legal experts have raised concerns regarding the court ruling, arguing that the ruling is unconstitutional as laws cannot be applied retrospectively.