A Study on road accident as a Public health issue- In terms of India

 

Rekha Thakur

Ph. D. Student, Kalinga University, Raipur C.G.

 

ABSTRACT:

India being a rapidly developing country with expanding economy has its own issues as regarding road traffic accidents due to rapid proliferation of motorization. Road traffic accident is a result of an interaction among different factors which include the environment, vehicle and the human being. A road traffic injury is a fatal or non-fatal injury incurred as a result of a collision or incident involving at least one road vehicle in motion on a public or private road to which the public has right of access resulting in at least one injured or a killed person. Socially these accidents are considered as inevitable and a part of life which occur randomly. But in reality, these are results of complex interaction among the public with their vehicles and the existing legal provision. The road accidents are happening most often due to the reckless and speedy driving of the vehicles, not obeying or following traffic rules, the attitude of the right of the mighty bigger vehicles towards the smaller vehicles, overburdens or over capacity hauling of public and transport vehicles, poor maintenance of the vehicles, drunk and driving, driver fatigue and above all the appalling condition of the already choked roads with every inch encroached by unauthorised person and properties.

 

 

 

INTRODUCTION:

A road traffic accident can be defined as an event that occurs on a way or street open to public traffic, resulting in one or more persons being injured or killed, where at least one moving vehicle is involved. Thus, road traffic accident is a collision between vehicles, between vehicle and pedestrians, between vehicle and animals or between vehicle and geographical or architectural obstacles. Road traffic accidents are a human tragedy. They involve high human suffering and socioeconomic cost in terms of deaths, injuries, loss of productivity and so on. In India the motor vehicle population is growing at a faster rate than the economic and population growth. According to the world health organization road traffic injuries are the six-leading cause of death in India with a greater share of hospitalization, death, disabilities and socio-economic losses in the young and middle-aged population.

 

Cause of road accidents:

Road accidents are multicausal and the result of an interplay of various factor. These can broadly be categorised into those relating to:

1.     Human error

2.     Road environment and

3.     Vehicular condition

 

Human:

Accident caused by human error include:

1.     Cause of accident caused by traffic rule violation

2.     Driving without valid driving licence and

3.     Non-use of safety devices

 

The most significant is in accidents, death and person killed on account of over speeding, drunken driving, lane indiscipline, jumping red light all decreased pointing to improvement in enforcement at the all India level. However, accidents, related deaths and injuries on account of use of mobile phones and other causes needs to be focused upon for overall improvement in road safety.

Vehicles driven by untrained and unqualified drivers are a serious traffic hazard and can cause accidents, death and injuries. Though the problem is basically, an enforcement issue, it must also be addressed with better facilities and opportunities for training and evaluation/testing.

 

Non usage of safety devices such as helmets and seat belts do not cause accidents but are critical for averting fatal and grievous injures in an event road accident occurs.

 

Road environment:

The causes related to the category of road environment include

1.     Accidents happening in a particular geographical area (residential, commercial institutional etc).

2.     Those related to the type of road features including straight, curved, steep etc.

3.     Type of junction and type of traffic control.

4.     Weather condition etc.

 

Accidents classified by vehicular condition:

The third category of vehicular condition includes cause of accidents associated with overloading and the age of the vehicles.

 

Old vehicles are prone to breakdowns and are more prone to malfunction and lack of safety.

 

Overload trucks or those with improperly secured loads can be a hazard to all other vehicles on the road. Another frequently observed feature is vehicles with loads producting/hanging posing serious traffic hazard, risking itself and other road users.

 

Road safety is a shared responsibility reducing the risk of road traffic system requires commitment and informed decision making by government industry NGOs professionals and communities, through a broad range of co-operative activities and interventions including enforcement of legislation to control speed and alcohol consumption, mandating the use of seat belts and crash helmets, safer design and use of roads vehicles and traffic education on road safety.

 

Road safety as a public health issue:

Traditionally road safety has been assumed to the responsibility of the transport sector. In general, however, the public health sector was slow to become involved, but road traffic injuries are indeed a major public health issue and not just an offshoot of vehicular mobility. The health sector would greatly benefit from better road injury prevention in terms of fewer hospital admission and a reduce severity of injuries. It would also be to the health sector’s gain if with safer conditions on the roads guaranteed for pedestrians and cyclist, more people were to adopt the healthier life style of walking or cycling without fearing for their safety.

 

The public health approach to road traffic injury prevention is based on science. It draws on knowledge from medicines, biomechanics, epidemiology, sociology, behavioural science, criminology, education, economics, engineering and other disciplines while the health sector is only one of many bodies involved in road safety, it has important roles to play.

 

Road traffic accidents affect all age groups and all genders, however, more than 83% of victims are males. The main victims of road accidents are between 15 and 34 years of age are main victims amounting to more than 53% of injured. India has the poorest and worst record of road safety in the world. We have not been able to pay attention to increasing road accidents and the morbidity and mortality associated with it. Trauma victims who deserve immediate attention do not get the priority because of lack of funds, lack of official, focus on the problem, lack of infrastructure, lack of drive initiative and vision. The multiplicity of institutions and the absence of dedicated authority with responsible attitude add up to ongoing misery.

 

Legal provisions for road accidents in India:

There has been a steep escalation of road accidents in the past few years with the expansion of more vehicles in India. Road injuries and fatalities have come up as a major public concern as it is one of the leading causes of the death and permanent disability in this century. According to a study conducted by National Transportation Planning and Research Centre, one road accident takes place in every four minutes in India. Almost 97% of the road accidents are caused by the rush negligent driving.

 

Motor Vehicles Act 1988:

When road accident takes place, it gives rise to both civil and criminal liabilities on the part of the driver depending upon the nature and cause of the accident. Motor Vehicle Act 1988 majorly deal with issues related to road accidents. Indian panel code also covers certain areas when it comes to criminal liability.

 

Things to do in case of road accident (Section 132 of Motor Vehicle Act 1988):

It is the driver’s duty to stop his vehicle and wait for a police officers for some reasonable time when he is involved in a road accident and injuries any person, animals or causes damage to any other car or property. The driver of the vehicle should not panic, and he should give his name and address to the person affected by the accident and also ask for the affected person details.

 

Things to do in case of injury to a person in a road accident (Section 134 of Motor Vehicle Act 1988):

It is the duty of the driver or the person in charge of the vehicle to take the injured person to the nearest hospital unless he is unable to do so due to circumstances out of his control. Such a driver should provide any kind of information to the police as and when demanded. In case there was no police near the area of accident such incident should be reported to the nearest police station within 24 hours of the said accident.

 

Information about the accident should be given to the insurance of the policy holders (driver or owner). Policy holder is the person who holds the certificate of insurance issued by the insurer. Information such as date, time and place of the accident, details of the person dead or injured, details of the driver of the car are important in such cases.

 

An application for compensation should be filed under the claims tribunal when death, injury or damage has been caused by a motor vehicle.

 

There are three modes by aggrieved can ask for compensation:

1.     Principle of no-fault liability section 140

2.     Structured formula basis section 163A

3.     Compensation in hit and run cause section 161

 

In the case of no-fault liability principles, the claimant does not need to prove any fault or neglect on the part of the driver for receiving compensation.

 

In the case of compensation by structured formula basis, the owner of the vehicle or the authorised insurer shall be liable to pay as per the second schedule of the said act to the victim or his legal representatives when such vehicles are involved in causing death or permanent disablement to any person.

 

The above two modes of compensation can be availed only if the identity of the car is known. Also, a claimant uses both mode of compensation together.

 

The third mode of compensation is in hit and run cases. Hit and run can be explained as the liability of a driver of any vehicle who is involved in a collision which damages vehicle or property of any other person or injury any other person or both and who runs away without giving his name and licence number as prescribed by status to the injured party, witness or any law enforcement officer.

 

As the identity of the driver or the owner is not traceable is given to the victim or the legal representative of the victim from funds created by the government.

 

Criminal liability in a road accident:

Accident which are caused by the rashness or negligence of the driver give rise to criminal liability. Section 304A of the IPC covers such liability which is punishable for two years or fine or both. It is absolutely necessary that death or injury should be a direct result of the negligence act of the accused.

 

A person who is driving or riding holds the ultimate duty to control his vehicle. Such a person is prima facie guilty of negligence if his vehicle dashes into something or someone unless he has a reason to explain that he did everything in his powers to keep the vehicle under control, but the accident was inevitable. This principle was established in the landmark case of Ratlam vs Emperor.

 

In the case of K. Perumal vs State it was held that the driver was liable to be punished under section 304A of the IPC as he run over his vehicle on the victim, without attempting to save him even though there was enough space on the other side.

 

There are various other offences involving motor vehicle accidents which are punishable under the Indian Panel Codes:

1.     Section 279 covers rash driving or riding on public way which is punishable by the way of imprisonment up to six months or fine of one thousand rupees or both.

2.     Section 336 provides that anyone who acts rashly or negligently which endangers human life or safety can be punished with imprisonment for a term up to three month or a fine of rupees 250 or both.

3.     Section 337 and section 338 cover causing hurt and causing grievous hurt which threatens life safety of people. A person is liable to pay up to rupees 500 as fine and can be sentenced imprisonment for a term of six month or both in case of causing hurt under section 337.In case of grievous hurt, the driver can be punished with imprisonment expanding up to two years or fine of rupees 1000 or both.

 

Now the motor vehicle (Amendment) Act 2019 is expected to bring down the scales of road accidents in India, by way of healthy penalties for violating traffic rules. Among major changes the fine for drunken driving has gone up from Rs 2000 to Rs 10000 while driving without seat belt now incurs a fine of Rs 1000 as against of Rs 100 levied previously. Cab aggregators can now be fined up to Rs one lakh for violation of licencing rules. Speeding or racing can now draw a fine of Rs 5000 while overloading of two wheelers has seen 20 times jumps in penalty at Rs 20000 including disqualification of drivers licence for three monts.

 

CONCLUSION:

India being a rapidly developing country has one of the highest motorization growth rates which is accompanied by rapid expansion in road networks and urbanization consequently the country is faced with various issues and impacts on road traffic accidents and road safety level. This study showed that road accidents were more common in the younger age groups where there is a tendency to show scant attention to traffic rules and regulations and use of safety device like helmets, seatbelts, restraints etc. The study necessitates the requirement of an ambulance stationed at the vantage points in the highway so that the injured victim can be shifted to the casualty of a hospital or a nursing home. There is a need for road safety education which should be directed towards road users who are frequently involved and injured in road traffic accidents e.g. students. An integrated programme of road safety education is suggested to primary, middle and high school students. Road traffic accidents are predictable and preventable. For it understanding the different factors leading to road traffic accidents is a must. Strict implementation of traffic rules and stringent punishments alone will not solve the persisting problems. Change in the mind set of riders and drivers and road users realizing their responsibility alone will bring about a change. We all have a role in preventing road traffic accidents.

 

REFERENCES:

1.     Thokchom Shantajit, Chirom Ranjeev Kumar, Quazi Syed Zahiruddin, Road traffic accidents in India: An overview 2018.

2.     Sharma S.M. Road traffic accidents in India 2016, International research general of engineering and technology.

3.     Risk factors for road traffic injuries training manual.

4.     Patel Dhruval, Sejal Bhagat- A review study on road accidents in India 2019, International research journal of engineering and technology.

5.     Pedestrian safety: A road safety manual for decision makers practitioners WHO 2013, available at https//www.who.int/road safety/ projects/ manuals/ pedestrian/en/ accessed on January 2017.

6.     Road accidents in India 2016, Government of India, ministry of road transport research wing, New Delhi, www.morth.nic.in.

7.     Gopalkrishan S, A public health perspectives of road traffic accidents. J Fam Med Prim Care 2012.

8.     Anonymous, Road traffic accidents, The Hindustan Times, January 2000.

9.     Section 166 of the Motor Vehicles Act 1988

10.  1994 amendment of the motor vehicle act 1988.

11.  Section 173 of the Motor Vehicle Act 1988.

12.  Section 185 of the Motor Vehicle Act 1988

13.  Section 279, 336, 337 and 338 on Indian Panel Code.

14.  Section 132, 134 of the Motor Vehicle Act 1988.

15.  The Motor Vehicle (Amendment) Act 2019.

 

 

Accepted on 29.06.2020           ©AandV Publications All right reserved