Despite repeated protests, pledges and calls to control road fatalities, road accidents are on the rise in the country.
Though the victim families filed the cases in order to ensuring punishment for the offenders and seeking compensation, but they are hardly compensated and even the punishment for those responsible could not be ensured due to the legal complexities.
Quick disposal of cases, exemplary punishment, and quick payment of compensation to the victims families can help check road accidents, experts said.
The country witnessed 7,902 deaths from 6,261 road mishaps last year while as many as 10,372 people were injured in those, according to the latest research launched on January 14 this year by the Bangladesh Jatri Kalyan Samity (BJKS).
In 2022, at least 6,749 road accidents left 9,951 people dead and 12,356 others injured. This means the year-on-year number of road accidents, fatalities, and injuries dropped in 2023. But the figures still remain at an alarming level.
Reckless driving, risky overtaking, dilapidated roads, unfit vehicles, unskilled drivers, using mobile phones or headphones while driving, and a lack of awareness among road users were cited as the main reasons behind road crashes, BJKS research said.
Bangladeshs economy suffers heavily due to the annual road mishaps. The costs related to traffic crashes can be as high as 5.1% of the gross domestic product (GDP), the World Bank said in 2022.
According to the Supreme Court data, in the last five years, the families of road accident victims have filed 311 writ petitions in the High Court, demanding a total of Tk100 crore compensation from the parties concerned. Not a single writ petition has been disposed of so far.
Almost 49,000 cases filed under the Road Safety Act and the Penal Code 304 (kha) demanding compensation are pending in judicial courts across the country.
After cases seeking compensation settled in the judicial courts, 1,126 appeals are pending in the Appellate Division while 8,600 are in the High Court.
Only 806 and 672 cases were settled in judicial courts in 2021 and 2022 respectively while 81 and 114 cases were settled in the High Court in 2021 and 2022 respectively. Only 44 and 79 cases were settled in the appellate division in 2021 and 2022.
Journalist Mozammel Hussain Montu was seriously injured in a road accident in December 1989 in the capitals Naya Paltan area and succumbed to his injuries at a city hospital after some days.
His wife Rowshan Akhtar filed a case in the lower court, seeking compensation. Then the court gave instructions to Bangladesh Beverage Industries Ltd to pay her Tk 3,52,97,000 in compensation.
After re-hearing, the lower court in April 2016 reduced the money and fixed Tk1.70 crore in compensation.
The plaintiff in the case said "The compensation has not been paid yet. I have become penniless due to the long procedure in the case trial. Besides, I along with my two children is facing difficulties in bearing our livelihood."
The families of filmmaker Tareque Masud and ATN News Chief Executive Officer (CEO) Mishuk Munier, who were killed in a road accident 13 years ago, filed two cases in two phases.
The High Court gave the verdict in the case filed by Tareque Masuds family and it is now pending in the Appellate Division.
The HC, in its judgement in 2017, asked the bus owner to pay Tk46, 175,452 to Tareque Masuds family in compensation. The bus owner appealed against it and the appeal is still pending.
Besides, the case filed by Mishuk Muniers family is at the hearing stage in the High Court.
Senior Supreme Court lawyer Advocate Khurshid Alam Khan told this correspondent that the victims of the road accident have yet to receive adequate compensation in accordance with the existing laws. But, some victims, who moved with the High Court seeking compensations, have a chance of receiving adequate compensation as the High Court has liberty to deliver verdict directing the authorities concerned to give adequate compensations to the victims families.
However, the chance of victims families getting compensation within short time is slender due to the legal complexities, he noted.
Former Law Minister Barrister Shafique Ahmed said that individual could file case seeking compensation over the accidents.
Many filed cases seeking compensations before the courts, but they could not receive compensation in time because of legal complexities.
Authorities concerned should take steps so that the cases, which were filed seeking compensations, could be settled quickly, he suggested.
