The Chaotic Situation On Our Roads Calls Out For A Better Policy Framework

Satya Muley Sep 28, 2022

As a country, we are aiming to become a trillion dollar economy. All the energy and efforts are being channelised to push our economic growth to cross the threshold of becoming a developed country. An integral facet of this is the ease of doing business, communication and moreover, transportation. This also hints at factors of health and safety being at the forefront and not having a diminishing value.

The construction of roads in India is being carried out on a large scale over the past few years to improve connectivity across the country. While we are faring well on the development of the infrastructure front the safety on roads remains an issue of concern. According to the annual report by the Ministry of Road Transport and Highways, Government of India, in the year 2020, 1.3 lakh people died as a result of road accidents.

India holds only 2 per cent of motor vehicles globally but accounts for 11 per cent of global deaths due to road accidents. This data clearly indicates that it is time to rethink our existing road safety policy and related laws.

The chaotic situation on Indian roads forced an amendment to the Motor Vehicle Act (hereinafter referred to as MVA) in 2019, but even after its implementation from the year 2022, overspeeding accounted for a share of 71.1 per cent of road accidents and 67.3 per cent of road accident deaths. The latest amendment of the Motor vehicle Act came into force on 1st April 2022.

The Existing Law: Motor Vehicles (Amendment) Act, 2022.

In Rajesh Tyagi vs. Jaibir Singh, 2021, the Delhi High Court framed certain guidelines regarding compensation against motor vehicle accidents.

The MVA, 2022 is based on this judgment of the Delhi High Court.

The amendment replaced Chapter XI of the Motor Vehicles Act, 1988 which dealt with insurance of motor vehicles against third-party risks under sections 51 to 57 of the MV (Amendment) Act, 2019.

No-Fault Liability - the 15th Amendment

Chapter 10 of the Act of 1988 which contained provisions relating to interim compensation based on “No fault liability” was omitted. However, section 164 has been inserted which prescribes compensation of Rs. 5,00,000 in death cases and Rs. 2,50,000 in grievous hurt cases based on the principle of “No Fault Liability”, without any need to prove the negligence of the driver.

This amendment has simplified the process to claim compensation and made it easy for the victims and their families to claim compensation without getting tangled up in legality of the process. The provisions of MVA dealing with insurance of Motor Vehicles against third-party risks have been substituted with new provisions namely sections 145 to 164D. The substitution of these sections is aimed at adapting to the current scenario in India. The amendment has imposed duties not only on the vehicle owners but also on the insurance companies.

Third-Party Motor Insurance

The MVA, 1988 made it mandatory to have a third-party motor insurance policy to drive on roads. The latest version of MVA takes care of insurance of motor vehicles against third-party risks. The provisions state that “No person should drive a motor vehicle in a public place without third-party liability cover.”

New Provisions Related to the Third-Party Insurance

With the emergence of new amendments, the aim is to regulate the repercussions of traffic and the risk it poses to health and safety of the human beings. That being said, certain highlights of the new provisions relating to third-party insurance include:

> Section 149(1): The Insurance Company has to appoint a Designated Officer to settle the claims relating to an accident within 10 days upon receipt of information of an accident.

> Section 149(2): The Designated Officer of the Insurance Company has to make an offer for settlement to the claimant(s) before the Claims Tribunal within 30 days in terms of the Procedure prescribed in Central Motor Vehicles Rules.

> Section 149(3)(a): If the claimant accepts the offer of the Insurance Company under Section 149(2), the Claims Tribunal shall record the settlement and pass an award whereupon the insurance company shall make the payment within 30 days of the recording of the settlement.

> Section 149(3)(b): If the Claimant rejects the offer made by the Designated Officer of the insurance company, the Claims Tribunal shall fix the date of hearing to adjudicate the claim on merits.

> Section 150: The insurance company has to pay the amount of compensation notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy. However, the defences of the insurance company have been widened and the insurance company now can now take the defence that the premium paid by the insured through cheque has been dishonoured and that they have not received the premium in respect of the policy. The Insurance Company can also take a defence that the owner was driving under the influence of alcohol or drugs as laid down in Section 185.

> Section 156: The death of the insured after the accident shall not be a bar to the Motor Accident Claim.

Dangerous Driving

Rash driving is one of the foremost concerns which we face in India. The main cause that has been identified is the heterogeneity of vehicles present on the streets at the same time, ranging from two-wheeler mopeds to the huge trucks used for the transportation of heavy goods.

This poses to be a safety concern especially when the drivers are not well trained for driving vehicles of that size.

By quantifying the punishments and increasing the fine, it is a step towards disincentivising the callous attitude towards the danger that the vehicles pose.

Section 184 of the MVA primarily deals with “dangerous driving”. As per the provisions, if a driver is driving over the prescribed speed limits causing danger or distress to the lives of others on the road, then the driver is liable for a fine of not less than Rs. 1000.

Moreover, the act prescribes a punishment of not less than 6 months if a driver endangers the lives of other road users. On repetition of the offence within three years of the initial offence, the driver may be punished for a term extending up to 2 years or a fine up to Rs. 2000, or both. Section 184 also takes into account the geographical location of the vehicle, weather conditions and the traffic situation at the time of the offence.

Though section 184 of MVA has been introduced in 1998, the repetitive violations have forced the government to implement stricter penalties and punishments. The amendment in 2019 provides for a fine of up to Rs. 10,000 for the following violations:

> Jumping red light signals

> Using mobile phones or any other handheld device while driving

> Not stopping when asked by the traffic authorities

> Overtaking of vehicles in the wrong manner

> Driving contrary to the traffic flow

> Reckless driving endangering the lives of the driver and others

Under the new changes to section 184 of the MVA, amount of fine for speeding or racing your motor vehicle may cost up to Rs. 5000 initially, which can extend up to Rs. 10,000 or more for subsequent offences. Moreover, the punishment has been extended up to a year for violating the rules under this section.

Conclusion

Human life is the most precious yet least bothered about. The statistics of the fatalities of road accidents are brutal and enormous. The need to address this issue is growing by the second. We need is provisions to curb this unruliness and mechanisms in place to enforce these provisions.

The latest amendment mainly focuses on Motor accident claims. It lays down new procedures for expeditious investigation and adjudication. The new provisions of the act are favourable to claimants as the new rule mandates the timeline for investigation and adjudication of Motor Accidents Claims within six months to one year.

However, under this new provision, the responsibility of insurance companies has increased considerably, which is quite justifiable.

Hit and run, overspeeding, badly maintained vehicles, unauthorised driving of vehicles, rash and dangerous driving continues to be common across Indian roads. Only the laws and rules are of no help if the implementation and the necessary infrastructure is not up to the mark.