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Three key legal provisions that support victims of road accidents

Published On: September 7, 2023 04:15 PM NPT By: Republica  | @RepublicaNepal


The situation of vehicle accidents in Nepal is terrible. Road accidents result in the deaths of many people daily. Vehicles either collide with pedestrians or collide with each other, resulting in daily fatalities. Pedestrians are the most vulnerable victims in vehicle accidents.

Car accidents are caused by negligence of the driver, speeding, consumption of intoxicants, mechanical failures, and other similar factors. The accident rate has been increasing every year.

Similarly, road accidents are also caused due to disregard of road discipline, lack of skilled and experienced drivers, road structures made against the standards, lack of knowledge of traffic rules among vehicle users.

Despite the increasing frequency of vehicle accidents every day, efforts to address this issue seem very weak. Even the general public often lacks awareness of the current traffic accident rules and laws, resulting in drivers being unaware of the potential consequences of a road accident. When an accident occurs, the first and foremost priority should be health care. Along with this, how can the victim receive compensation for the injuries suffered? Many legal provisions related to the penalties for the offender are also unknown to the common citizens.

If a vehicle accident results in someone's death, the driver responsible for the accident may be sentenced to imprisonment. If a driver causes an accident and the person affected by the accident, whether present at the scene, or present elsewhere, dies immediately or within 21 days as a result of the accident, such a driver is punishable as per Motor Vehicles and Transport Management Act (2049). This is a significant law regulating  transportation and traffic regulations.

This act establishes penalties for accidents primarily based on three criteria. As per Section 161 (1) of the Motor Vehicle and Traffic Management Act 2049, a deliberate killing can result in a lifetime imprisonment. Section 161 (2) prescribes a prison term of 3 to 10 years for deaths caused by reckless driving. Meanwhile, Section 161 (3) outlines a legal provision for up to 1-year imprisonment in cases where someone dies as a result of an accident that is not reckless or intentionally harmful. Additionally, the victim is provided with appropriate compensation along with fines to the vehicle driver.

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