India accounts for five lakh road accidents annually out of which 1.5 lakh people are killed and three lakh people are crippled, said Minister of Road and Transport, Nitin Gadkari.
Bengaluru has more than 13,000 pending cases under the Motor Vehicles Act.
Bhootharaj, First division Assistant (FDA) at the Court Of Small Causes said “Since in these cases, the interest of the insurance amount increases, the people are not interested in disposing them of.” He added that cases should be disposed of in six months but reluctance of the clients, lack of evidences presented by the police officials and there being various witnesses are some of the reasons that lead to rise in the number of pending cases.
Mirza Faizan Assad, an advocate with Legal Tree Advocates and Solicitors, Bengaluru who has been working with clients under the Motors Vehicle Act said, “Lack of evidence is one of the main issues in motor vehicle accident cases.” He added that in many cases, the parties involved do not have sufficient evidence to support their claims, which can lead to delays in the case as the court has to wait for additional evidence to be presented.
“One of the main reasons for pending cases is the lack of legal knowledge among people,” said Bhootharaj.
Under the ‘The Motor Vehicles (Amendment) Bill, 2019,’ ‘The bill increases the minimum compensation for hit and run cases in case of death ranges from Rs 25,000 to two lakh rupees, and for grievous injury it ranges from Rs 12,500 to Rs 50,000.’
Assad said “The Indian judicial system is known for its high case pendency and backlog so motor vehicle accident cases are no exception.” He added that with a large number of cases pending in courts, it can take a long time for cases to be heard and decided, leading to delays in the case.
The involvement of multiple parties in some cases often makes the cases complicated.. Assad said, “In many motor vehicle accident cases, multiple parties may be involved, such as the drivers of vehicles, passengers, and pedestrians.” He added that this can make the case more complicated, as the court may need to consider the actions of all parties involved.
“Courts will not encourage a compromise because of quantum of disposal of matters,” said Bhootharaj. The Karnataka courts do not have a portal to submit documents—a facility available in some cities like Delhi. As per the data by court of small courts, there should be 26 sanctioned judges under the Motor Vehicle Act; there is a vacancy of three posts.
Assad said, “Many motor vehicle accident cases are settled out of court. If the parties involved are unable to reach a settlement agreement it further adds to the delays in the case.” He added that when parties cannot come to an agreement the court intervenes to help facilitate negotiations or make a decision.
