Lok Sabha Question No. 1822 (UNSTARRED), answered on 2018-12-20
Subject: Compensation to Road Accident Victims
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: RAHUL KASWAN, Rajendra Dhedya Gavit, MURALI MOHAN MAGANTI

## GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT & HIGHWAYS

## LOK SABHA

## UNSTARRED QUESTION NO. 1822 ANSWERED  ON 20 th  DECEMBER, 2018

## COMPENSATION  TO ROAD ACCIDENT  VICTIMS

1822.   SHRI  RAHUL KASWAN: SHRI  RAJENDRA  D. GAVIT: SHRI  M. MURALI  MOHAN:

Will the Minister of  ROAD  TRANSPORT  AND  HIGHWAYS

## सड़क परिवहन औि िाजमार्ग मंत्री

be pleased to state:

- (a)  whether  there  has  been  a  substantial  rise  in  the  number  of  accidents  on expressways, national highways in comparison to the past few financial years, if so, the details thereof;
- (b) whether the Government is considering grant of compensation to victims of road accidents and if so, the details thereof;
- (c)  whether  the  rates  of  compensation  being  provided  to  the  victims  of  road accidents have been reviewed by the Government during the last five years;
- (d)  if  so,  the  details  thereof,  Statewise  including  Rajasthan  and  the  procedure  and time-limit for the payment of compensation;
- (e)  whether  any  committee  has  been  set  up  with  regard  to  providing  monetary assistance and relief to the victims and their relatives in road accidents and if so, the details thereof; and
- (f) the time by which its recommendations are likely to be implemented?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (SHRI  MANSUKH  L. MANDAVIYA)

- (a) No,  Madam.  As per 'Road Accidents in India 2017' which is prepared based on data furnished by the Police Departments of States and UTs, there is a marginal decline (3.37%) in road accidents in 2017 as compared to 2016. The total number of road accidents on all roads and

National Highways in the country during the last three calendar years are as under: -

|   Years | Total Number of Road Accidents (in numbers)   |
|---------|-----------------------------------------------|
|    2015 | 5,01,423                                      |
|    2016 | 4,80,652                                      |
|    2017 | 4,64,910                                      |

- (b)    to    (  d  )    Chapter  X  and  XI  of  the  Motor  Vehicles  Act,  1988  deal  with  third-party insurance and payment of compensation in case of injury or death.The provisions provided in  the  Motor Vehicles Act, 1988relating to compensation for the road accident victims are uniform  across  the  country.  The  Ministry  has  reviewed  the  compensation  amount  and substituted  Schedule-II  of  the  Motor  Vehicles  Act,  1988  relating  to  compensation  amount under  section  163Avide  notification  S.O.  No.2022(E)  dated  22 nd   May,  2018.  As  per  the revised  Schedule - II,  compensation for : -
1.  (a) Fatal Accidents:

Compensation payable in case of Death shall be five lakh rupees.

- (b) Accidents resulting in permanent disability : Compensation payable shall be = [Rs.5,00,000/- X percentage disability as per Schedule I of the Employee's Compensation Act, 1923 (8 of 1923). Provided that the minimum compensation in case of permanent disability of any kind shall  not be less than fifty thousand rupees.
- (c) Accidents resulting in minor injury :

A fixed compensation of twenty five thousand rupees shall be payable

Further, as per Section 165(1) of Motor Vehicles Act, 1988, a State Government may, by notification in the official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of the third party so arising, or both. Sub-section (2) of Section 165 empowers the State Government to appoint such number of members  as  the  State  Government  may  think  fit  to  appoint.  Sub-section  (3)  of  Section  165 empowers  State  Government  to  regulate  distribution  of  business  if  there  are  two  or  more Claims Tribunals for an area. Thus, the matter regarding disposal of cases by Motor Accident Claims  Tribunals  comes  under  the  jurisdiction  of  State  Governments.    Ministry  of  Road Transport  &  Highways  has  inserted  a  provision  in  Motor  Vehicle  (Amendment)  Bill,  2017 which inter-alia envisages the creation of a Motor Vehicle Accident Fund.

- (e)              No,  Madam. No such committee  has  been  set  up by  Ministry  of  Road  Transport Highways.
- (f) Does not arise,   in view of (e) above.

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