Hardly a day passes when one does not hear about the occurrence of tragic and horrible road traffic accidents taking precious human lives in Jammu and Kashmir. The uncontrolled flow of vehicular traffic, as observed by a court in Baramulla, is the main cause of road traffic accidents.
The court has pointed out that unworthy condition of roads, especially of highways and lapses on the part of traffic police and motor vehicle department are among the reasons.
The “alarming” increase in road transport flow has made the life of common man “miserable so much so that if the situation goes unchecked, people will prefer to move on foot than to think of motor vehicles, the court rightly pointed out
Teenagers and other persons without valid and effective driving license are enjoying the driving on the roads without caring for the consequences, the court said and importantly asked the traffic police and motor vehicles departments to “rise to the occasion and shoulder their responsibilities so that unauthorized persons are kept away from driving which shall definitely minimize the road traffic accidents”.
Perhaps, as the court observed, time is ripe when the Centre and other state governments shall think of coming forward with some policy and rules for management and regulation of traffic movement including put a limit on the purchase of vehicles by a household
The fundamental right of Trade and Commerce, the court said, needs to be balanced against the most cherished and sacred fundamental right of life guaranteed by the constitution. “The alarming increase in Road Traffic Accidents and incidence of Traffic Jams has the effect of taking away the privilege of “ Right to Life”
The court also termed it astonishing that un-insured vehicles are being plied on roads unmindful of the situation arising out of the omissions and blunders.
The owner of a motor vehicle for his reckless failure to insure his vehicle against a payment of a premium amount of some thousands of rupees runs a risk of being accountable for payment of huge compensation amount of lakhs of rupees in case of unfortunate road accident.
Also there is need for compliance of Supreme Court’s directions passed in 2021 regarding submission of First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) to the Claims Tribunal concerned, Insurer, Insured, Victims/Claimants, Legal Services Authority concerned by the Investigating Officer of the criminal case relating to road accident respectively within 48 hours, 50 days and 90 days of the accident respectively.
