Ensure justice for road accident victims

Road traffic crashes globally claim approximately 1.35 million lives and cause around 50 million injuries each year. According to the annual report on ‘Road Accidents in India-2022,’ by the Union Ministry of Road Transport and Highways, in 2022, states and Union Territories reported a total of 4,61,312 road accidents, resulting in 1,68,491 fatalities and 4,43,366 injuries.

As the appropriate acknowledgment of victims of road traffic crashes and their families, the World Day of Remembrance (WDoR) for Road Traffic Victims has been observed every third Sunday in November since 1993. This year, the WDoR focus is on the theme of JUSTICE, aiming to advocate for timely and improved compensation for road traffic victims and their families.

For victims, the Motor Vehicles (Amendment) Act (MVAA) 2019 offers recourse. Sections 166 and 144 allow filing for compensation before the Motor Vehicle Claims Tribunal based on the accident location, the claimant’s residence, or the vehicle owner’s residence. Section 140 of the MV Act addresses the payment of compensation on the principle of no fault, i.e., the claimant need not establish the wrongful act of the offender. Under this section, vehicle owners shall be jointly and severally liable to pay compensation in respect of death or disablement. Sections 145–164 provide for compulsory third-party insurance to be taken by every vehicle owner. It needs to be noted that third-party insurance is fault-based, and the claimant must prove the fault of the insured to claim damages. Section 165 mandates that the state government should notify the Motor Accidents Claims Tribunal to adjudicate claims for compensation in respect of accidents involving death or injury.

A recent court verdict emphasises that an FIR of the accident alone can warrant compensation to the victim or his/her family, even without a formal claim petition. The amendment with respect to compensation in accidents involving uninsured vehicles has come into force with effect from April 1, 2022.

Apart from the award of compensation under Section 140, in all other claims for compensation, the fault of the owner or driver will have to be proved. This will involve a legal battle, and the outcome will depend on proper documentation and full-proof evidence. Concerned citizens and road safety NGOs who support the cause of justice for victims of road accidents focused on compensation claims can significantly aid justice for accident victims.

However, the current claims procedure is cumbersome. Recently, the Supreme Court expressed displeasure over the delay in disposing of road accident claim petitions, many of which have been pending for several years. Every year, claims worth at least Rs 10,000–12,000 crore are raised by road accident victims. Of these, insurers pay an average of Rs 5,000 crore without any dispute. The rest of the amount remains disputed, and the court cases go on for years, which increases the distress for victims’ families.

According to a study on motor third-party claims conducted by the Insurance Regulatory Development Authority of India (IRDAI), the insurance regulator, justice is greatly delayed for road accident victims, who must on average wait five years before receiving compensation. The delay is because compensation involves a complex process of claim filing that needs to be routed through the judicial system and involves different parties. In as many as 85% of the cases, it took five years for accident victims to receive payment.

Currently, there are more than three crore pending cases with different Indian courts. Of this, the third-party-related cases are estimated to be between 10 lakh and 12 lakh.

Survivors and families affected by road traffic crashes have a range of physical, psychological, and legal needs. Consequences of crashes may include physical injuries resulting in disability, psychological trauma that can impair reintegration into work and family life, and a range of economic and legal sequelae. It is crucial to reduce legal disputes over claims and make the claims process from insurers simpler for road accident victims or their families. It is the JUSTICE, which can be provided to victims and their families.

(The writer is a consumer
activist and a road safety
expert)