Road accidents: India

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(Road accidents: 2012)
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The data shows that at all India level, Tamil Nadu has overtaken Uttar Pradesh registering 16,175 deaths during 2012. UP reported 15,109 deaths while Andhra recorded 15,000 fatalities and Maharashtra ranked four among the states with 13,936 deaths.
 
The data shows that at all India level, Tamil Nadu has overtaken Uttar Pradesh registering 16,175 deaths during 2012. UP reported 15,109 deaths while Andhra recorded 15,000 fatalities and Maharashtra ranked four among the states with 13,936 deaths.
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=The legal aspect==
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==Compensation a right of mishap victims: HC==
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Shibu Thomas, TNN | Aug 29, 2013
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[http://timesofindia.indiatimes.com/india/Compensation-a-right-of-mishap-victims-HC/articleshow/22129027.cms The Times of India]
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MUMBAI: Victims of road accidents and their next of kin have a right under law to claim compensation, the Bombay high court has ruled. Twenty-three years after a Yavatmal-based bank officer lost his life in a road accident involving an MSRTC bus, Justice A P Bhangale ordered the state transport undertaking to pay Rs 6.51 lakh, along with interest, to his wife and three children.
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The judge threw out the MSRTC's contention that the deceased bank officer, Mukundrao Dongre (38), could not be categorized as a third party eligible for compensation under the third-party risk insurance rule.
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"I find it difficult to accept the submission that the victim was a person 'other than third party'," said the judge. "The Motor Vehicle Act provides for mandatory third-party insurance, which is compulsory for any motor vehicle owner. The objective of the act is to ensure that the third party receives just and fair compensation from the owner of the offending motor vehicle and receives compensation."
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The court said the law protects victims of road accidents. "The right of the victim of a road accident to claim compensation is statutory. The legislature in its wisdom enacted the (law) to protect the victims of road accidents, who may be travelling in the vehicle or using the road, and thereby made it obligatory that no motor vehicle shall be used unless the vehicle is compulsorily insured against third-party risk."
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The court said the MSRTC could not escape paying compensation by claiming that the other vehicle was responsible for the accident. "If liability is denied, it is for the MSRTC to plead and prove rashness and negligence on the part of the driver of the jeep if according to it the jeep was the offending motor vehicle... Mere allegation is not enough."
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Mere absence of or fake or invalid driving license or disqualification of the driver for driving at the relevant time are not in themselves defences available to the MSRTC against the third parties."

Revision as of 22:46, 28 August 2013

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Contents

Road accidents: 2010-12

Roads in Punjab most fatal in India

Dipak Kumar Dash | TNN

The Times of India 2013/08/16

Road accidents.jpg

New Delhi: Chances of getting killed in a road accident is the highest in Amritsar and in the country’s Mercedes capital Ludhiana.

Latest data on road fatalities shows that at least six people died in every 10 road crashes in these two cities in 2012 against only three in Delhi, which recorded maximum fatalities in 2012. Though Mumbai recorded the highest number of accidents among 50 million-plus cities, the fatality rate was only 2%.

The ‘Road Accidents in India’ report prepared by the transport research wing of the road ministry also shows that roads in Punjab are proving to be fatal for commuters. The severity of accident – deaths per 100 mishaps – in the state has been increasing in the past four years. While it was 65.9% in 2009, this increased to 76% in 2012.

“Ludhiana and Amritsar are the worst examples. But the state as a whole is also losing over 4,800 lives in road accidents. We have heterogeneous traffic, little enforcement of noentry timings and huge problem of drink driving,” said Dr Kamalzit Singh Soi, vice-chairman of Punjab Road Safety Council.

The industrial city of Ludhiana has around 1.4 million vehicles for its 3.5 million people, of whom 20-30% are migrant labourers. Soi said traffic coming from six districts passed through the city and almost 23 km of the under-expansion Panipat-Jalandhar highway runs through the urban area.

“On top of this, annually around 35 crore bottles of liquor are sold in the state that has a population of only 2.7 crore. Out of this, around 1.49 crore are women. So, we can make out how many times and how many people drive in a drunken state,” he said.

Cases of drunk driving accidents decline

The continuous decline in accidents caused due to intake of alcohol/drugs in the past three years has come as a breather for the government. While in 2010 such violation caused 31,000 accidents, the number of such mishaps reduced to 23,979 last year. Even the fatalities have fallen from 9,976 in 2010 to 7,835 in 2012. Uttar Pradesh reported maximum fall in fatalities in this category from 4,635 in 2011 to 2,400 last year. TNN

Road accidents: 2012

Delhi is the road death capital too

Dipak Kumar Dash TNN 2013/06/25

The Times of India

New Delhi: New Delhi besides being the capital of the country holds the dubious distinction of being the road death capital. In the year 2012, the city recorded 1,527 deaths in accidents.

Latest data on accidental deaths released by the National Crime Records Bureau (NCRB) shows that India’s overall record deteriorated further, with the toll crossing 1.39 lakh during 2012 in comparison to little over 1.36 lakh in the previous year. Chennai seems to be moving closer to the national capital registering 1,401 road fatalities in 2012.

“While Delhi has witnessed high growth of vehicles resulting in slowing down of traffic, the situation is different in Chennai. Roads have become better and the speed of vehicles has increased,” said a road transport ministry official.

The data shows that at all India level, Tamil Nadu has overtaken Uttar Pradesh registering 16,175 deaths during 2012. UP reported 15,109 deaths while Andhra recorded 15,000 fatalities and Maharashtra ranked four among the states with 13,936 deaths.

The legal aspect=

Compensation a right of mishap victims: HC

Shibu Thomas, TNN | Aug 29, 2013

The Times of India MUMBAI: Victims of road accidents and their next of kin have a right under law to claim compensation, the Bombay high court has ruled. Twenty-three years after a Yavatmal-based bank officer lost his life in a road accident involving an MSRTC bus, Justice A P Bhangale ordered the state transport undertaking to pay Rs 6.51 lakh, along with interest, to his wife and three children.

The judge threw out the MSRTC's contention that the deceased bank officer, Mukundrao Dongre (38), could not be categorized as a third party eligible for compensation under the third-party risk insurance rule.

"I find it difficult to accept the submission that the victim was a person 'other than third party'," said the judge. "The Motor Vehicle Act provides for mandatory third-party insurance, which is compulsory for any motor vehicle owner. The objective of the act is to ensure that the third party receives just and fair compensation from the owner of the offending motor vehicle and receives compensation."

The court said the law protects victims of road accidents. "The right of the victim of a road accident to claim compensation is statutory. The legislature in its wisdom enacted the (law) to protect the victims of road accidents, who may be travelling in the vehicle or using the road, and thereby made it obligatory that no motor vehicle shall be used unless the vehicle is compulsorily insured against third-party risk."

The court said the MSRTC could not escape paying compensation by claiming that the other vehicle was responsible for the accident. "If liability is denied, it is for the MSRTC to plead and prove rashness and negligence on the part of the driver of the jeep if according to it the jeep was the offending motor vehicle... Mere allegation is not enough."

Mere absence of or fake or invalid driving license or disqualification of the driver for driving at the relevant time are not in themselves defences available to the MSRTC against the third parties."

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