Court orders Praewa's parents to pay 30 mln baht compensation for fatal car incident in 2010

[webfact]

Civil Court orders Praewa's parents to pay 30 million baht compensation for fatal car incident in 2010

BANGKOK: -- The Civil Court today sentenced the 21-year-old girl and her parents to pay 30 million baht in damages for her reckless driving on Bangkok's expressway that killed nine people in the December 27, 2010 fatal incident.

The accident happened when she was an underage or 17 years old.

In today’s hearing of the ruling of civil case involving the girl, “Praewa”, her parents, and 28 plaintiffs who are relatives of the nine victims died in the accident, handed down the compensation sentence basing on the earlier ruling by the Appeals Court that she drove recklessly and her recklessness had resulted in the deaths of nine persons and damages to their properties.

Her offence was a personal violation to the dead and the injured that she and her parents have to be held responsible for violation, the Civil Court said.

Besides the parents also did not give testimonies that had proven that they had taken good care of their child.

Therefore they had to jointly pay the compensation for the consequences their child had incurred on the victims.

Earlier relatives of the victims demanded over 100 million baht in compensation for medical expenses, travel expenses, loss of earnings, loss of life support allowances, plus 7.5% interest rate/year.

Under the Civil Court’s ruling, relatives of the victims will receive compensation varying with the severity of the damages caused upon them. The compensation is between 4,000 baht and 1.8 million baht, plus 7.5% interest per year.

Earlier The Appeals Court sentenced her to two years in prison for reckless driving that caused nine people dead when a taxi van fell from the expressway after it was rammed by her car almost five years ago.

She appealed to the Supreme Court. But her appeal was rejected.

The Supreme Court said in its statement there was no significant evidence to reverse the ruling on August 2012 by the Central Juvenile and Family Court that sentenced her to three years in prison but commuted by one third to two years in prison.

The juvenile court granted three-year probation for her prison term, and mandated her to three year behaviour control, 48 hours of working to caring road accident patients, and report authorities every three months.

She was also banned from driving until she is 25-year-old.

The incident happened on the night of December 27, 2010 when she rammed her Honda Civic sedan at the taxi van on the expressway near Kaset intersection.

The van fell off the expressway on the ground killing nine people.

Source: http://englishnews.thaipbs.or.th/civil-court-orders-praewas-parents-to-pay-30-million-baht-compensation-for-fatal-car-incident-in-2010

-- Thai PBS 2015-11-26

[webfact]

‘Praewa’ Ordered to Pay 30 Million Baht to Van Crash Victims
By Teeranai Charuvastra
Staff Reporter


Families of those killed in the Dec. 27, 2010 car crash at the Civil Court today.

BANGKOK — A woman who killed nine people in a 2010 car crash was ordered by a civil court today to pay 30 million baht in compensation to her victims and their families.

Though lower than the 100 million baht sought by the victims’ families, the civil judgment against Orachorn “Praewa” Thephasadin Na Ayudhya was the most significant penalty to date since she was found criminally liable for their deaths.

A father of one of the deceased said he was dissatisfied by the ruling and may appeal the verdict.

“The court only ordered her to pay a third of what we requested. In the opinion of the majority of the victims, the amount is too little,” said police Col. Saran Nilawan, whose 20-year-old daughter was killed in the December 2010 crash. “We respect the court verdict, but our lawyers will meet on Dec. 22 to discuss whether we will appeal the verdict, and if we do, which points we will contest in the appeal.”

Orachorn was 17 and driving illegally when she crashed her car into a public van operating the Thammasat University-Victory Monument route on Dec. 27, 2010. The impact sent the van plummeting from the raised road, killing nine people, including four students, four academics, and the van's driver.

In today’s verdict, the Civil Court ordered Orachorn to pay a total of 30 million baht in compensation to 28 people, including those injured in the crash and families of the deceased. Compensations range from 4,000 to 1.8 million baht per person, with an interest rate of 7.5 per year.

Full story: http://www.khaosodenglish.com/online/photos/2015/11/14485192011448519269l.jpg

-- Khaosod English 2015-11-26

[CelticBhoy]

30 million Baht ............ better add a couple more zeros to that sum.

[from the home of CC]

She should of been banned for driving for life and sentenced to 5 years of community work including speaking to schools about what a <deleted> she was and how she ruined so many lives.

[Basil B]

Seems fair to me...

Though I am sure how they define reckless... did she deliberately ram the bus off the road or was it down to driver inexperience?

The people who were reckless were her parents in allowing her to drive in the first place...

Lets hope this will be a warning to other parents...

[metisdead]

A post in all caps has been removed.

[Thai at Heart]

Seems fair to me...

Though I am sure how they define reckless... did she deliberately ram the bus off the road or was it down to driver inexperience?

The people who were reckless were her parents in allowing her to drive in the first place...

Lets hope this will be a warning to other parents...

She was speeding and underage.

How she avoided a custodial sentence god knows. For thailand 30mn seems a high figure, but I wish the families all the best in getting more. She commited a serious crime.

[DM07]

I am willing to offer a bet, that nothing even near that sum will be payed!

[Basil B]

30 million Baht ............ better add a couple more zeros to that sum.

The victims have received probably a lot more than other victims in similar situations... remember life is still cheap in Thailand...

She should of been banned for driving for life and sentenced to 5 years of community work including speaking to schools about what a <deleted> she was and how she ruined so many lives.

She was only doing what many others of her age do... and nobody gives a dam, if stopped maybe the odd cop gets a bribe, that's all...

As I have already said I feel the punishment fair, remember she was only 17 at the time, Thailand needs to change where such things become socially unacceptable not the norm.

[skildpadden]

Besides the parents also did not give testimonies that had proven that they had taken good care of their child.

That's interesting - I cannot recall such comments from the court before. There are certainly some hi-so kids here, whose parents should be held liable for their behavior - and that goes for some of those expat kids as well..

[webfact]

'Praewa', parents ordered to pay Bt30 million to families of nine crash victims
The Nation

BANGKOK: -- The Civil Court Thursday ordered the female driver of a sedan that collided with a passenger van on the Don Mueang tollway in 2010 to pay Bt30-million compensation to families of nine dead victims.

The lawsuit was filed by 28 relatives of the nine crash victims against Orachorn "Praewa" Thephasadin Na Ayudhya and her parents, demanding Bt100 million in compensation.

The court ruled that since Orachon had been convicted by the Appeals Court of reckless driving, causing deaths and injuries, she and her parents are obliged to pay compensations to the 28 plaintiffs.

The plaintiffs are entitled to receive compensations at different amounts, ranging from Bt4,000 to Bt1.8 million, raising the overall compensation amount to about Bt30 million.

Orachorn, then 16, was driving her Honda Civic on the night of December 27, 2010, when she collided with the van on the elevated Don Muang tollway.

The van crashed into a barrier near the Bang Khen exit. Passengers were thrown out from the van and fell to the road below. Orachorn sustained minor injuries.

The Appeals Court ordered Orachorn to do public service for 48 hours per year for four years. The Supreme Court refused to accept an appeal against the Appeals Court's ruling, and thus allowing the Civil Court's case to commence.

Source: http://www.nationmultimedia.com/breakingnews/Praewa-parents-ordered-to-pay-Bt30-million-to-fami-30273753.html


-- The Nation 2015-11-26

[scorecard]

Seems fair to me...

Though I am sure how they define reckless... did she deliberately ram the bus off the road or was it down to driver inexperience?

The people who were reckless were her parents in allowing her to drive in the first place...

Lets hope this will be a warning to other parents...

She was speeding and underage.

How she avoided a custodial sentence god knows. For thailand 30mn seems a high figure, but I wish the families all the best in getting more. She commited a serious crime.

Agree she should do time or some form of serious punishment, and one can only hope the families of those killed do appeal and get more.

IMHO it's worth mentioning that this is the second time recently that cases against hi-so / super wealthy Thais (one a primary action by the attorney-general in regard to the mercedes killer and in this case a civil action by the families of those killed in the Th. van) has actually got to the courts and serious punishment / compensation has been handed down by the courts.

IMHO that's progress.

All condolences to the families.

[craigt3365]

I have a friend in the US who was driving down the road when, according to him, a bee flew in his open window and distracted him. He hit a cop on the side of the road who was writing a ticket and killed him. He got 12 years in jail and a huge financial fine. Millions of dollars. This was during the day and he doesn't drink nor use drugs. Bible thumper.

Jail time should have been mandatory for this accident here.

[SlyAnimal]

Being able to take a civil case against someone for a criminal offence still seems weird to me. The families are "lucky" that a tragedy like this did happen in Thailand, rather than my home country of NZ, where the families of the victims would have received nothing (Or very close to it). And even though she acted irresponsibly (Texting while driving + No licence), if she were in NZ I'm not sure if her criminal sentence (A suspended sentence + community service + forbidden to drive) would necessarily have been harsher either, given that she was only 17 & has no previous convictions etc.

When she previously appealed her suspended sentence, I was pretty appalled at her for wanting to reduce what was already a very lenient sentence, but knowing her family will also have to pay 30M THB, it actually seems pretty harsh (I know her family is rich, but the law should only give a small weight to this, imagine if it were just a family of poor or modest means instead).

It was an accident, she didn't do it on purpose.

[Basil B]

Seems fair to me...

Though I am sure how they define reckless... did she deliberately ram the bus off the road or was it down to driver inexperience?

The people who were reckless were her parents in allowing her to drive in the first place...

Lets hope this will be a warning to other parents...

She was speeding and underage.

How she avoided a custodial sentence god knows. For thailand 30mn seems a high figure, but I wish the families all the best in getting more. She commited a serious crime.

And you have never exceeded the speed limit... or is it OK for you as you are older???

Just wonder how many TV members living in Thailand let their children drive without the appropriate licences, or do other things which are illegal just because their peers do so, or even do things which are illegal themselves, just because Thai's do...

Let the man without sin cast the first stone.

[from the home of CC]

30 million Baht ............ better add a couple more zeros to that sum.

The victims have received probably a lot more than other victims in similar situations... remember life is still cheap in Thailand...

She should of been banned for driving for life and sentenced to 5 years of community work including speaking to schools about what a <deleted> she was and how she ruined so many lives.

She was only doing what many others of her age do... and nobody gives a dam, if stopped maybe the odd cop gets a bribe, that's all...

As I have already said I feel the punishment fair, remember she was only 17 at the time, Thailand needs to change where such things become socially unacceptable not the norm.

There are some states in the US where she would of be tried as an adult and received 20-30yrs (if found negligent,speeding, distracted driving etc.). Justice should not be how high you're placed in society but by the impact your actions had on others. Also, there are many 17 yr old murderers, drug dealers, rapists etc that are doing time befitting of their crimes. How would you feel if you lost your brother, sister, or father due to someone driving while texting or surfing.

[Thai at Heart]

Seems fair to me...

Though I am sure how they define reckless... did she deliberately ram the bus off the road or was it down to driver inexperience?

The people who were reckless were her parents in allowing her to drive in the first place...

Lets hope this will be a warning to other parents...

She was speeding and underage.

How she avoided a custodial sentence god knows. For thailand 30mn seems a high figure, but I wish the families all the best in getting more. She commited a serious crime.

And you have never exceeded the speed limit... or is it OK for you as you are older???

Just wonder how many TV members living in Thailand let their children drive without the appropriate licences, or do other things which are illegal just because their peers do so, or even do things which are illegal themselves, just because Thai's do...

Let the man without sin cast the first stone.

That's not the point is it. I would expect to be punished if I caused an accident whilst speeding with 9 deaths. If you are speeding, all bets are off. It's illegal.

If you aren't speeding the whole issue of guilt changes. Being underage, she was automatically breaking the law.

Edited November 26, 2015 by Thai at Heart

[smutcakes]

Being able to take a civil case against someone for a criminal offence still seems weird to me. The families are "lucky" that a tragedy like this did happen in Thailand, rather than my home country of NZ, where the families of the victims would have received nothing (Or very close to it). And even though she acted irresponsibly (Texting while driving + No licence), if she were in NZ I'm not sure if her criminal sentence (A suspended sentence + community service + forbidden to drive) would necessarily have been harsher either, given that she was only 17 & has no previous convictions etc.

When she previously appealed her suspended sentence, I was pretty appalled at her for wanting to reduce what was already a very lenient sentence, but knowing her family will also have to pay 30M THB, it actually seems pretty harsh (I know her family is rich, but the law should only give a small weight to this, imagine if it were just a family of poor or modest means instead).

It was an accident, she didn't do it on purpose.

The catch being if they were from a poor family the driver would probably of been locked up indefinitely.

Yes, weight should not be given on how wealthy they are when paying damages, but on the other foot, neither should it be when giving sentences.

[Strangebrew]

Did this child serve anytime? As far as the monetary part no comment Because I can't say anything without cussing.

[doggie1955]

I would have given 35 million per family, and put her ass in prison for the rest of her life....but then again life is cheap here in Thailand

[Artisi]

Being able to take a civil case against someone for a criminal offence still seems weird to me. The families are "lucky" that a tragedy like this did happen in Thailand, rather than my home country of NZ, where the families of the victims would have received nothing (Or very close to it). And even though she acted irresponsibly (Texting while driving + No licence), if she were in NZ I'm not sure if her criminal sentence (A suspended sentence + community service + forbidden to drive) would necessarily have been harsher either, given that she was only 17 & has no previous convictions etc.

When she previously appealed her suspended sentence, I was pretty appalled at her for wanting to reduce what was already a very lenient sentence, but knowing her family will also have to pay 30M THB, it actually seems pretty harsh (I know her family is rich, but the law should only give a small weight to this, imagine if it were just a family of poor or modest means instead).

It was an accident, she didn't do it on purpose.

Wrong wrong wrong, it wasn't an accident- it was lack of control on the part of the parents and stupidity of the girl. Edited November 26, 2015 by Artisi

[MobileContent]

I wonder who got the 4000 Baht as compensation.

She was also banned from driving until she is 25-year-old.

Yeah right. This person should never even been near a street again.

[z42]

Pathetic, but who is going to ensure that they pay I wonder? And does anybody know if the parents of the driver are allowed to appeal. For 9 lives lost and for no jail time to be applied is immoral at best. She has got off very very lightly IMO

[happynthailand]

Good,should have been more

[F4UCorsair]

I am willing to offer a bet, that nothing even near that sum will be payed!

She won't be able to pay it, and even if her parents can afford to pay, they'll do all they can to avoid paying.

If the parents have assets, lawyers for the claimants should be taking caveats over those assets, unless they've divested themselves before the judgement.

[billphillips]

Being able to take a civil case against someone for a criminal offence still seems weird to me. The families are "lucky" that a tragedy like this did happen in Thailand, rather than my home country of NZ, where the families of the victims would have received nothing (Or very close to it). And even though she acted irresponsibly (Texting while driving + No licence), if she were in NZ I'm not sure if her criminal sentence (A suspended sentence + community service + forbidden to drive) would necessarily have been harsher either, given that she was only 17 & has no previous convictions etc.

When she previously appealed her suspended sentence, I was pretty appalled at her for wanting to reduce what was already a very lenient sentence, but knowing her family will also have to pay 30M THB, it actually seems pretty harsh (I know her family is rich, but the law should only give a small weight to this, imagine if it were just a family of poor or modest means instead).

It was an accident, she didn't do it on purpose.

Yes she did do it on purpose. She was too young to drive. She did not have a driving licence. She had no driving experience. She should not have been driving the car. All of these are preventable, avoidable and irresponsible things that caused the collision. All choices that were made by her, assisted by her parents.

To cause the death of 9 people and injuries to others is a very serious issue. I don't think the total sum of punishments comes anywhere near being enough. 20 years in jail + 30m would be more like it!

In most of the world civil claims for damage can be filled for financial loss where the cause is by criminal action. That is regardless of the criminal court decision. It would be NZ that is unusual if it can't be done there.

Edited November 26, 2015 by billphillips

[Artisi]

Jailing the girl would serve no useful purpose other than revenge satisfaction for some of the TV members. The parents are to blame and rightfully they are being forced to part with money, something that is well understood in this culture. As for the girl 12 months minimum community service attending accidents and cleaning up the mess and looking after accident victims would be more appropriate.

[upena]

To get a better understanding of just how "hi-so" she and her family are - Google - Thailand royal names - According to Family Name Act, B.E.2465, Rama VI ordered that royal descendants who do not hold any title should append the words "Na Ayudhya" (ณ อยุธยา) to their surname, to signify they are descended from a royal blood line.

[smutcakes]

Jailing the girl would serve no useful purpose other than revenge satisfaction for some of the TV members. The parents are to blame and rightfully they are being forced to part with money, something that is well understood in this culture. As for the girl 12 months minimum community service attending accidents and cleaning up the mess and looking after accident victims would be more appropriate.

Considering she could probably pay to not turn up or just turn up when she feels like it, and sleep in her nice bed every night, I think 12 months in a proper jail would do far more in convincing her and her friends that actions have consequences. She might even grow a bit of empathy and humility for those less well off as well.

[captainhornblower]

Being able to take a civil case against someone for a criminal offence still seems weird to me. The families are "lucky" that a tragedy like this did happen in Thailand, rather than my home country of NZ, where the families of the victims would have received nothing (Or very close to it). And even though she acted irresponsibly (Texting while driving + No licence), if she were in NZ I'm not sure if her criminal sentence (A suspended sentence + community service + forbidden to drive) would necessarily have been harsher either, given that she was only 17 & has no previous convictions etc.

When she previously appealed her suspended sentence, I was pretty appalled at her for wanting to reduce what was already a very lenient sentence, but knowing her family will also have to pay 30M THB, it actually seems pretty harsh (I know her family is rich, but the law should only give a small weight to this, imagine if it were just a family of poor or modest means instead).

It was an accident, she didn't do it on purpose.

It may have been an accident, in fact there is no reason to believe it was not an accident, but she purposefully got into the car to drive it in the full knowledge that she had no drivers license and, as a result of that, no insurance.

This was endorsed by her parents, who must have known she was driving illegally and yet did nothing about it.

Until such time that people start to receive harsh rulings of this nature nothing will change. The poor will still suffer and the rich will walk away, with no disincentive to stop them from carrying on in their bad, and very often dangerous, ways.