Draft rules to speed up accident claims welcomed

Care must be taken so that victims get rightful compensation, say legal experts

Even as the draft rules published under a recent notification by the Ministry of Road Transport and Highways (MoRTH) to speed up award of compensation to accident victims or their kin have been largely welcomed, members of the legal fraternity expressed fear that some provisions could affect the quantum of compensation. The draft rules were formulated as part of the impending amendment of select provisions of the Central Motor Vehicles Rules, 1989. Many see this as a precursor to the increasing privatisation of the insurance sector, wherein such firms could benefit from the whole process, at the cost of the insured / accident victim. “Insurance firms, especially those from the private sector, will in all probability try to arrive at a settlement with the claimant for much less compensation that is due. Devoid of legal assistance, most victims could stand to lose out on compensation under heads like disability and subsequent loss of ability to earn, medical expenses, pain, and suffering,” said Sarjine Thomas, a lawyer who deals exclusively with road accident cases.