Slow case settlement, no compensation to victims behind rising accidents: Experts
Highlights
- There are fewer drivers than vehicles in the country
- Final judgement of an accident-related case has delivered yet
- Create two times more trained drivers against heavy vehicles in the country
Road accidents are on the rise and the number of casualties from these accidents is also increasing. But the families of the victims do not get any compensation, and even the punishment of those responsible cannot be ensured.
Besides, cases filed seeking compensation and punishment of those responsible are not disposed of.
Quick disposal of cases, exemplary punishment, and quick payment of compensation to the victims' families can help check road accidents, experts said.
Transport experts also said due to the shortage of drivers, a driver has to discharge nonstop duty to drive the vehicle. There are about 16 lakh fewer drivers against 56 lakh vehicles in the country.
They blamed lack of adequate rest time for drivers for increasing the number of accidents.
Nineteen passengers were killed and scores injured in a road accident on the expressway in the Shibchar area of Madaripur on 19 March. The driver was on duty for two straight days and the vehicle was not fit.
Experts have advised the government to create two times more trained and licensed drivers than the number of heavy vehicles in the country to curb the accidents.
Former Law Minister Barrister Shafique Ahmed told The Business Standard, "Since independence, any exemplary punishment for those responsible for major road accidents was not given yet or adequate compensation from anyone was realised yet. But the chaotic situation on the roads is increasing day by day."
"This act does not seem to be enforced. So, it is not possible to stop the accident," he said.
According to the Road Safety Act enacted in 2019, if someone is killed in an accident due to the negligence of a driver, he will be sentenced to only five years imprisonment and a maximum fine of Tk5 lakh.
Not a single case settled yet
According to the Supreme Court data, in the last five years, the families of road accident victims have filed 311 writ petitions in the High Court, demanding a total of Tk100 crore compensation from the parties concerned. Not a single writ petition has been disposed of so far.
Almost 49,000 cases filed under the Road Safety Act and the Penal Code 304 (kha) demanding compensation are pending in judicial courts across the country.
After cases seeking compensation settled in the judicial courts, 1,126 appeals are pending in the Appellate Division while 8, 600 are in the High Court.
Only 806 and 672 cases have been settled in judicial courts in 2021 and 2022 respectively while 81 and 114 cases were settled in the High Court in 2021 and 2022 respectively. Only 44 and 79 cases were settled in the appellate division in 2021 and 2022.
Example of non-compensate to accident victims
Journalist Mozammel Hussain Montu was seriously injured in a road accident in December 1989 in the capital's Naya Paltan area and succumbed to his injuries at a city hospital after some days.
His wife Rowshan Akhtar filed a case to the lower court, seeking compensation. Then the court gave instructions to Bangladesh Beverage Industries Ltd to pay her Tk3,52,97,000 in compensation.
After re-hearing, the lower court in April 2016, deducted the money and fixed Tk1.70 crore in compensation.
The plaintiff in the case said "The compensation has not been paid yet. I have become penniless due to the long procedure in the case trial. Besides, I along with my two children are facing huge suffering in bearing our livelihood."
The families of filmmaker Tareque Masud and ATN News Chief Executive Officer (CEO) Mishuk Munier, who were killed in a road accident 12 years ago, filed two cases in two phases.
The High Court gave the verdict in the case filed by Tareque Masud's family and it is now pending in the Appellate Division.
The HC, in its judgement in 2017, asked the bus owner to pay Tk46, 175,452 to Tareque Masud's family in compensation. If the bus owner appealed against it and the appeal is still pending.
Besides, the case filed by Mishuk Munier's family is at the hearing stage in the High Court.
Accidents on the rise
According to Bangladesh Jatri Kalyan Samity data released in March, some 10,858 people were killed and 12,875 others were injured in 7,617 road, rail, and waterway accidents in 2022. Road accidents increased by 19.89% and loss of lives by 27.43% in 2022, compared to the previous year.
Some 7,809 people were killed in 5,629 accidents in 2021 while 6,686 people were killed in 4891 accidents in 2020 and 7,855 people in 5,516 accidents in 2019.
Shortage of drivers and training
Md Shamsul Haque, a transport expert, told TBS that the issue has become so serious, the government should pay more attention here and it should take measures immediately to address the problem.
He proposed a solution to recruit more drivers and provide them with proper training and certification. Another proposal is to regulate the number of vehicles on the road so that there are no more vehicles than there are properly registered drivers to operate them.
Blaming the Bangladesh Road Transport Authority (BRTA), Md Shamsul Haque said "While issuing licences to drivers, BRTA does not take into account the fact that drivers of heavy vehicles should be doubled. So, it is responsible for the rising number of accidents."
BRTA Chairman Nur Mohammad Mazumder told TBS that 140 private companies, including Bangladesh Road Transport Corporation (BRTC), are responsible for creating trained drivers.
However, BRTA is doing proper monitoring to prevent accidents, he added.