The issue of road fatalities resulting from civic negligence remains a pressing concern in Goa, as elsewhere in India. While the Goa State Interim Compensation to Road Accident Victims Scheme, 2015, provides a structured framework for awarding compensation, its adequacy and implementation require closer examination. The need to explore legal and policy mechanisms to enhance compensation and establish accountability among municipal authorities and road contractors is imperative.
Current framework in Goa
Under the Goa State Interim Compensation Scheme, victims or their families are entitled to the following compensation:
- ₹2 lakh in cases of death.
- ₹1.5 lakh for permanent injury.
- ₹1 lakh for serious injury.
- ₹15,000 for minor injuries.
This scheme provides interim relief, particularly in hit-and-run cases or when the culpability of an offending vehicle is indeterminate. However, considering rising medical costs and the inflationary impact on households, these amounts fall short of addressing the actual financial burden borne by victims.
Supreme Court guidance on victim compensation
The Supreme Court of India has consistently emphasised the necessity of ensuring fair and adequate compensation for road accident victims. In S. Rajaseekaran v. Union of India & Ors. (2024), the Court directed that compensation schemes should reflect economic realities, requiring periodic review and upward revision. It also stressed the importance of accessible and streamlined processes for victims to claim compensation.
In Sushma v. Nitin Ganapati Rangole & Ors. (2024), the principle was reiterated that contributory negligence by a driver cannot diminish compensation for passengers. This judgment underscores the obligation to shield innocent parties from undue financial loss. Such decisions provide a judicial framework that state governments can adopt to enhance compensation for road accident victims.
Comparative international law perspectives
International practices in road safety compensation illustrate a more robust approach. For instance, the United Kingdom operates under the Motor Insurers’ Bureau (MIB), which provides compensation for victims of uninsured or untraced drivers. The MIB scheme ensures that victims are not left uncompensated, with payments reflecting actual medical expenses, loss of income, and long-term care costs (Department for Transport, 2022). Such practices highlight the importance of insurance-backed funds and robust regulatory oversight.
Similarly, Sweden adopts a no-fault insurance model, where compensation is provided regardless of culpability, funded through mandatory vehicle insurance premiums. Such mechanisms could inform Goa’s efforts to enhance its compensation frameworks and introduce accountability mechanisms for civic authorities and contractors.
Civic negligence and legal accountability
Civic negligence—manifested through poorly maintained roads, inadequate lighting, and the absence of proper signage—is a significant contributor to road fatalities in Goa. Legal precedents in tort law establish that public authorities can be held liable for failure to uphold their duty of care. However, the practical enforcement of such liability remains a challenge.
Municipal authorities and road contractors, responsible for maintaining public infrastructure, often escape scrutiny due to administrative gaps. To ensure accountability, the Motor Accident Claims Tribunal (MACT) must rigorously investigate cases involving defective road conditions. Judicial directives could further mandate contractors and municipal corporations to provide compensation or contribute to a state-managed road safety fund.
Enhancing compensation mechanisms
The proposal to increase compensation amounts under Goa’s interim scheme to Rs. 10 lakhs, as suggested by the Transport Minister, aligns with Supreme Court recommendations and international best practices. Funding such enhancements could draw upon the following measures:
1. Creation of a dedicated accident fund:
Establishing a Motor Vehicles Accident Fund, as permitted under the Motor Vehicles Act, 1988, could ensure sustained financial support. Contributions could be sourced from traffic fines, penalties, and central government grants.
2. Mandatory contractor insurance:
Requiring road contractors to carry liability insurance for defects or delays in maintaining infrastructure could serve as a preventive measure while funding compensation claims.
3. Audit and oversight:
Instituting regular audits of municipal projects and contractor performance by an independent body would enhance accountability and prevent negligence.
4. Public awareness campaigns:
Informing citizens of their rights to compensation through media campaigns would encourage timely reporting of civic deficiencies and bolster legal claims.
Comparative State policies
States such as Kerala and Maharashtra have implemented innovative models for addressing road fatalities. Kerala’s trauma care scheme, for instance, ensures immediate medical attention for accident victims and covers initial hospitalisation costs. Maharashtra’s enhanced compensation scheme, funded through a mix of state budget allocations and central grants, prioritises long-term support for victims and their families. These policies provide valuable benchmarks for Goa.
Legal reforms and periodic reviews
The periodic review of compensation amounts and legal frameworks is crucial. The Supreme Court’s guidance in “S. Rajaseekaran” reflects this necessity, urging state governments to adopt dynamic schemes that consider inflation, medical advancements, and evolving societal needs. Amendments to the Goa Interim Compensation Scheme should explicitly include liabilities arising from municipal negligence and contractor defaults.
The way forward towards victim compensation
The dual objectives of enhancing compensation for road fatalities and establishing accountability mechanisms for civic negligence require an integrated legal and policy framework. The State Government of Goa must act decisively by formalising the proposed increase in compensation amounts, ensuring funding sustainability, and adopting international best practices. Judicial oversight, combined with administrative reforms, can transform the compensation landscape, ensuring justice for victims and deterrence against future negligence.
In conclusion, bridging the gap between policy declarations and their implementation remains critical. Establishing a legally robust and financially viable compensation framework will not only serve as a tool of justice for victims but also reaffirm the state’s commitment to protecting its citizens from the consequences of civic failure.
References
Department for Transport. (2022). *Road Safety Statement 2022: Moving Britain Ahead*. London: HMSO.
