Compensation for road traffic victims in Bangladesh | Compensation remains elusive for most road traffic victims

Mohiuddin Mal, 32, a ride-sharing driver, was killed on November 8 last year when an overloaded truck overturned and collided with his car in the capital’s Wari area.

His family found itself in a desperate situation as he was the sole earner of their family of four in Dhaka, which also includes two school-going children. To survive, his wife now works as a domestic help.

Family members asked the Bangladesh Road Transport Authority (BRTA) for compensation from the relevant fund. They also filed a case at Wari police station against the truck driver.

A year has passed, but the family has received no compensation, let alone justice.

“Their world (Mohiuddin’s family) was turned upside down. I don’t know how his children’s education expenses will be managed if they don’t get any help,” said Mohiuddin’s brother-in-law, Helal Uddin, who is now helping the family.

Mohiuddin’s family is one of more than 1,300 families waiting for compensation from the government fund after submitting applications. Thousands of others are not even aware of the fund.

Most truck accident families struggle with the emotional and financial impact of losing their loved ones, many of whom were the sole breadwinners. In some cases, the victims themselves no longer work due to life-altering injuries, including the loss of limbs.

With no compensation in sight, they face an uncertain and bleak future as they struggle to make ends meet and rebuild their lives.

Considering the situation, the previous government took the initiative in January last year by law to provide compensation to road traffic victims or their relatives, and a fund was also established.

However, only 592 road traffic victims or their families out of 1,940 who applied received compensation until November 12 this year.

On the other hand, according to BRTA data, a total of 22,855 people were killed or injured in 10,515 road accidents between January last year and November 12 this year. They should all receive compensation.

According to BRTA, only Tk 26.35 crore was spent on compensation, although Tk 225.43 crore was still available till October 21.

According to various non-governmental organizations, the number of road casualties is much higher, and the percentage receiving compensation would therefore be much smaller.

Meanwhile, police had arrested the driver of the truck that killed Mohiuddin, but he was released on bail within a few days. Police were yet to file charges in the case. The owner of the truck even managed to take back his vehicle from police custody, Helal said.

Getting justice in a road accident is very rare in Bangladesh, although Mohiuddin’s family still believes they would get justice.

Against this background, today is the World Day of Remembrance for Road Traffic Victims.

The day, initiated by the British charity RoadPeace in 1993 and adopted by the United Nations General Assembly in 2005, is celebrated every third Sunday in November as a fitting recognition for the victims of road accidents and their families.

BRTA will hold an exchange of views meeting at its headquarters on the occasion of the day.

COMPENSATION

Thousands of people lose their lives in road accidents every year, with many suffering life-changing injuries. However, compensation was a rare concept in the country until the enactment of the Road Transport Act in 2018.

Under the Motor Vehicles Ordinance-1983, which was repealed after the Road Transport Act came into force in November 2019, victims or their relatives could claim compensation in the Motor Accident Claim Tribunal for death, injury and damage to property caused by accidents.

In rare cases, victims petition the Supreme Court seeking compensation.

In accordance with the Road Transport Act 2018, the government has formed a trustee board and set up a fund for compensation of road accident victims. This initiative was taken in January 2023 after formulating the rules of the law.

However, compensation for the victims already started in October last year.

According to the rules, the family of a person who dies in a road accident should be given compensation of at least Tk 5 lakh. Those who lose a limb or suffer other forms of life-changing injuries will get Tk 3 lakh each, while the victims who are likely to recover from injuries and return to normal life will get Tk 1 lakh each.

As of November 12 this year, the trustee board received 1,940 requests for compensation. Of these, 1,835 have been sent to the Permanent Commission of Inquiry for investigation, and the commission has issued reports on 654 applications so far, BRTA said.

But the authority handed over 592 checks (related to 501 deaths and 91 injuries) amounting to Tk 26.35 crore.

According to the rules, those seeking compensation must complete a form and submit it to the trustee’s chairman within one month of the road accident, with some details.

The chairman will form an inquiry committee within 10 days of receiving the application, and the committee will submit a report on the damage within one month, read the rules.

The board will take steps to compensate a victim within 30 working days of receiving the report.

But Helal, brother-in-law of victim Mohiuddin, said they did not get compensation even 11 months after filing an application.

“BRTA wrote to Mohiuddin village address asking them to go to the office. But we got the letter five days after the date we were supposed to appear before BRTA. We then contacted BRTA and submitted more documents about six to seven months ago, but we did not do so. I don’t get an answer,” Helal said.

BRTA officials said there is a six-member Standing Commission of Inquiry headed by UNO (of the upazila concerned) to probe the crash but the delayed submission of reports from the commission is the main reason behind the delay in processing the applications .

“There is a bureaucratic tangle here, which is causing the delay,” said a BRTA official, who did not want to be named.

Responding to another question, he said many people are unaware of the procedure to get the compensation, while many were discouraged from applying due to the “relatively technical and lengthy procedure”.

“The process should be made easier so that victims benefit from the initiative.”

BRTA chairman Mohammed Yasin, who is also head of the trustee council, did not respond to our calls and text messages.