Legal remedies available for road accident victims

The Road Safety Foundation (RSF) reports that almost 6524 lives have been lost by accident in 2023. Along with deaths, several people are also left severely injured by such accidents. According to Bangladesh Passenger's Welfare Association, 53,207 people were admitted into hospital due to the road accident in 2023. However, most of the time the victims or their families are not aware of the remedies available under the existing legal regime for the deaths or grave injuries caused by road accidents. Pertinent in this regard are the Road Transport Act (RTA) 2018, and the Road Transport Rules (RTR) 2022.

Firstly, section 52 of the RTA states that the victim or the successor of the victim is entitled to compensation through application from the financial assistance fund at the rate of the amount fixed by the trustee board constituted thereunder. Rule 150 of the RTR prescribes that the application must be submitted within 30 days of the accident. The Chairman of the trustee board shall constitute an investigation committee within 10 days of such application and the said committee shall submit an investigation report within 30 days. Then, the trustee board shall provide financial assistance within 30 days of the submission of such report granting the application.

Rule 149 establishes a criterion for providing compensation to the victims. In the event of death, a minimum of 5 lakh Taka will be provided, while the loss of any significant limb warrants a minimum of 3 lakh Taka, and severe injuries, a minimum of 2 lakh taka, recoverable injuries, 1 lakh taka.  The standard amount may be increased or decreased with the prior permission of the government.

If a person becomes aggrieved with the decision of the trustee board, he/she can apply for review. If he is also aggrieved by the review decision, he may appeal to the Secretary, Road Transport and Highway Division as per rule 152. Even if he/she is aggrieved with the appeal decision, a search committee will choose an arbitrator who is a retired secretary or a district judge or an individual of a similar status, to solve the issue in 45 days.

Most of the time the victims or their families are not aware of the remedies available under the existing legal regime for the deaths or grave injuries caused by road accidents. Pertinent in this regard are the Road Transport Act (RTA) 2018, and the Road Transport Rules (RTR) 2022.

In addition to the compensation, the victim or successor can also file a criminal case against the driver of the vehicle that caused the accident. Previously the relevant provision in this regard was Section 304B of the Penal Code, 1860 (causing death due to rash and negligent driving).

Section 304B prescribes punishment of imprisonment not exceeding 3 years or fine or both. In 2018, the BRTA extended the punishment up to 5 years for causing grievous hurt or death due to rash or negligent driving in section 205. In addition, if the driver intentionally causes death, the driver shall be punished with death. Besides, the driver also may be imprisoned for causing hurt, grievous hurt, or other crimes according to the relevant provisions of the Penal Code 1860. Again, a company also may be made liable for such an accident under Section 206 of the RTA. The procedure of filing cases and other proceedings shall follow the Code of Criminal Procedure, 1898.

Last but not the least, there is a scope to file a writ petition under Art. 102(1) read with Art. 44 of the Constitution of Bangladesh for infringing a fundamental right (i,e; right to life). The High Court Division on many occasions, directed that compensation be paid to the victim or victim's family due to the loss of life caused by an accident. In the Md. Ruhul Quddus v Bangladesh and Ors. (2019) case, the court issued a suo-moto rule concerning a road accident resulting in the death of a college student named Rajib Hossain. Rajib, who lost his right hand and later succumbed to injuries, was involved in a collision between a bus from the Bangladesh Road Transport Corporation (BRTC) and another from Swajon Paribahan Ltd. The court found both BRTC and Swajon Paribahan Ltd. vicariously and directly responsible for the accident. As a result, they were directed to collectively pay a lump sum compensation of Tk. 50,00,000 (fifty lac only), to be evenly distributed between them, in favor of Rajib's two minor brothers.

Thus, the victim who is injured or the family of a victim who died have the above-mentioned three-tiers legal remedies in our law.

The writer is an LLM Candidate at the University of Dhaka.