‘Govt buses must have 3rd-party insurance’

The maximum penalty for rash or drunken driving, as per Section 304A of IPC, seems inadequate at a time when road accidents are spiralling.

What can make the current laws appear even more is that the punishment is more often than not much lower than the maximum punishment of two years. To overcome this laxity in law, the Law Commission has decided to suggest an amendment to the Indian Penal Code in order to treat death caused by rash and negligent driving as a heinous offence, punishable with a maximum prison term of 10 years. The commission has also suggested that cameras be placed at strategic positions on major roads in every city so that the police can track down the offender. While the footage would make it difficult to tamper with evidence, the realisation of having been caught on the camera may deter drivers from running away after an accident and instead encourage to help the injured, if only to minimise his culpability. The Commission feels that hoardings are a major distraction for drivers and that speed breakers are major impediments in the smooth flow of traffic. It also believes that most accident deaths on city roads are because of overspeeding by contract carriages or state government buses.

“No city transport bus be allowed to ply without being fitted with speed governors,” it has recommended. Most buses plying in cities are not insured for accidents, resulting in long litigation by the kin of the deceased for compensation.

The Commission has, therefore, recommended that every corporation or government bus must be insured for third-party accident claims so that in case of a death due to rash and negligent driving, the kin of the deceased are not left to wage a long legal battle to claim compensation. The Commission feels lax policing is one of the main reasons for rash and negligent driving and has asked for constant drives against drunk driving. It has also recommended strict action, even seizure of vehicles using cooking gas (LPG) cylinders as a substitute for fuel. This would, however, not affect those vehicles plying with company-fitted LPG kits.

With thanks from The Times of India 11 June 2008 P. 17 Delhi

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