Home ›› 13 Sep 2022 ›› Front
Recently, the High Court Division directed the Bangladesh Road Transport Authority (BRTA) Board of Trustees to pay Tk 5 lakh for the treatment of the surviving newborn whose parents were killed in a road accident on the Dhaka-Mymensingh highway.
However, the board is unable to pay the compensation to the injured and killed in road accidents as they did not receive Tk 50 crore in grants from the government.
The Road Transport Rules have not come into force concerning the creation of funds for the Board of Trustees constituted to compensate the victims of road accidents. The Finance Department did not approve the grant and therefore, the board of trustees have been unable to compensate the victims.
However, BRTA’s lawyer said that if the compensation is not paid on time as per the court order, it will count as Contempt of Court. Road Transport and Bridges Ministry of Road Transport and Highways Department Additional Secretary Md Yousub Ali Mollah told Business Post that the compensation cannot be paid as per the court order as the finance department has not paid the grant money.
“Only the Finance Ministry can tell why they are not releasing the Tk 50 crore grant money,” he said.
According to BRTA sources, Road Transport and Highways Department secretary has told the BRTA Chairman to pay the money for the treatment of the newborn in question.
In order to avoid Contempt of Court, he was told to do so even if he has to pull the money from some other source.
The government has prepared a set of draft rules with the provision of compensation in the new road law. If someone dies in a road accident, the person’s family will get Tk 5 lakh. In case of injury, the person will get compensation of Tk 3 lakh.
Vehicle owners are the main providers of compensation money. The government will also provide grants.
The new Road Transport Act was passed four years ago and it came into effect in November 2019. Although there is a provision for compensation in the law, it has not been implemented as the rules for it have not been put in place.
Questions were raised about the quantum of compensation in the draft rules. People who are vocal in the demand for safe roads say that most of the victims of road accidents are the earning members of the family. Therefore, the compensation needs to be increased.
The Ministry of Road Transport and BRTA have requested the Finance Department to provide Tk 50 crore for the creation of a financial fund through government grants to provide compensation and carry out expenditure as the Road Transport Rules of the New Road Act 2022 are not yet finalised.
Previously, there was no legal basis for paying medical expenses or compensation for road accident victims in Bangladesh. Despite cases being filed after road accidents, there is little precedent for punishing those responsible.
In 2018, Russell Sarkar, a driver by profession, lost his foot after being crushed by a Green Line Transport bus in Dhaka.
After being ordered by the High Court, Green Line Transport gave Russel Tk 10 lakhs in cash along with medical assistance. The court ordered the payment of another Tk 20 lakhs.
Compensation: Source, amount, procedure
According to the draft rules, in addition to government grants and vehicle owners’ contributions to the financial fund, various fines collected under the Road Act, grants from transport owners-workers’ organisations, as well as money received from any other legitimate source can be taken as compensation.
A permanent board of trustees will manage the fund. The injured person will get a one-time compensation of Tk 3 lakh if he cannot return to normal life even after treatment. The heirs of a person killed in the accident will get a one-time sum of Tk 5 lakh.
In order to receive compensation, the injured person or the heir of the deceased should apply to the chairman of the board of trustees in the prescribed form. After receiving the application, the designated committee of the board will investigate and report within 30 working days.
Compensation should be arranged within a maximum of 10 working days after the approval of the Board of Trustees.
Annual fee for vehicles
According to the draft rules, the owner of a motorcycle will have to pay a one-time fee of Tk 500 for the formation of a financial fund. The annual fee for large vehicles like buses, trucks, and covered vans is Tk 1,000, which is Tk 500 for minibuses, minitrucks, and pickups.
Annual fee for cars, jeeps, and microbuses is Tk 300, and Tk 200 for autorickshaws, three-wheelers and other vehicles.
According to BRTA’s calculations, there are 4.5 million vehicles across the country. An average of five lakh new vehicles are being added every year. In total, it is possible to create a fund of more than Tk 100 million per year.
