Short Essay on the Motor Accident Compensation – The days of horses and bullock carts are long over and the era of roaring motor vehicles is in full swing.
The need of the hour, therefore, is to rein in the high-power, high speed, lightweight machines lest they should reduce on-road safety and security to a distant dream.
Newspapers are awash with tragic news of road accidents every day. The problem is not endemic to India but the whole world is feeling the heat. Every coming day adds new vehicles to our teeming roads making them all the more dangerous to walk and drive on.
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The law is, therefore, faced with the challenge of regulating the wayward ways of these machines by ensuring that the hands on the steering wheel are steady and the foot on the accelerator light.
Violation of traffic rule and drunken driving are the most common reasons for road accidents.
The law has made accident compensation more stringent. The Motor Vehicles Act provides for the liability of the owner of the vehicle to pay compensation if an accident occurs, even before the fault is proved. This provision is nothing but a social justice for providing immediate relief to sufferers.
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The person who is responsible for negligence in causing accident is liable to pay the compensation.
Even if the victim was negligent, the compensation has to be paid by the owner of the vehicle. In case of partial or permanent disablement or on death, the compensation is calculated in accordance with the law and is accordingly awarded.
Sometimes punitive damages are also awarded in order to have a deterrent effect. At times, the court increases the amount of compensation on various grounds like social status and social and economic value of the victim.
The Motor Vehicle Law also provides that if the vehicle is compulsorily insured, the insurance company is responsible to pay the amount of compensation.
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The law also provides for no fault liability, whereby the compensation is payable irrespective of whose fault caused the accident. This is paid in addition to the right to claim compensation on the ground of negligence or fault of driver or the owner.