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Why Are India's Road Crash Numbers Not Going Down? Are We Diagnosing the Problem Wrong?

Road Safety · Public Policy

Why Are India's Road Crash Numbers Not Going Down? Are We Diagnosing the Problem Wrong?

India has spent two decades telling drivers to slow down, wear helmets, and fasten seat belts. Road deaths have risen 87% since 2005 regardless, and accidents have become steadily more lethal, not less. That does not prove these interventions are wrong. It raises a different, more uncomfortable question: are we investigating crashes deeply enough to actually know what caused them? The Ministry of Road Transport and Highways' own 2024 report offers a clue — accidents routinely classified as "human error" may in fact involve faulty road design, and the classification calling them human error is, in the Ministry's own words, only "prima facie" true.

📋 Report Details
ReportRoad Accidents in India – 2024
PublisherMinistry of Road Transport & Highways (MoRTH), Transport Research Wing
Key figures4,87,707 accidents · 1,77,175 fatalities · over-speeding cited in 70.74% of accidents
Sourcemorth.gov.in

The Core Issue

Every year, MoRTH publishes a national picture of why Indians die on the roads. In 2024, that picture says over-speeding was cited in 70.74% of all accidents — up from 68.40% just a year earlier. Every other specific violation category — drunk driving, wrong-side driving, red-light jumping, mobile phone use — actually fell in the same period.

Bar chart showing over-speeding's share of accidents rising from 68.40% in 2023 to 70.74% in 2024, while every other violation category falls
Chart: MoRTH, Road Accidents in India – 2024, Table 3.1

To be clear: speed is unquestionably a major risk factor, and no serious road-safety intervention can ignore it. The question this raises is not whether speeding kills — it clearly can. The question is whether recording "over-speeding" as the cause adequately explains why a particular crash occurred, or whether it has simply become the finding that requires the least investigation to allege and the least evidence to sustain. Those are very different claims, and India's data collection process, as MoRTH's own report describes it, is currently better equipped to support the first than to test the second.

Why This Pattern Matters

India's road accident data is not merely descriptive. It shapes national policy, state enforcement priorities, and infrastructure spending under programmes like the Safe System approach now guiding both domestic policy and international funding. If crash records are systematically better at capturing driver behaviour than at capturing road, vehicle, and system-level factors, every downstream intervention — speed limit laws, helmet enforcement, vehicle safety mandates — risks addressing only part of the picture, while contributing factors like a poorly designed junction or a defective vehicle part go undetected and unaddressed.

This is not a hypothetical risk. MoRTH's own long-term figures show road deaths rising from 94,968 in 2005 to 1,77,175 in 2024 — an 87% increase — while the number of accidents grew by only around 11% over the same period. Severity, measured as deaths per 100 accidents, climbed from 21.6 in 2005 to 36.3 in 2024.

Line chart showing fatalities rising 87% since 2005 while accidents rose only 11%, both indexed to 2005 = 100
Chart: MoRTH, Road Accidents in India – 2024, Table 1.6
Line chart showing the severity index (deaths per 100 accidents) rising from 21.6 in 2005 to 36.3 in 2024
Chart: MoRTH, Road Accidents in India – 2024, Table 1.6 (Severity = deaths per 100 accidents)

This persistence of rising fatalities, despite two decades of speed-focused enforcement and the 2019 Motor Vehicles (Amendment) Act, does not by itself prove that speeding is being wrongly blamed — fatalities are shaped by many factors beyond enforcement, including vehicle kilometres travelled, motorisation, road exposure, and urbanisation. But it should prompt a genuine question: is behaviour-focused enforcement alone sufficient, or are important road, vehicle, and system-level causes being missed because they are never systematically investigated in the first place?

There is also a direct human cost. The same "cause" finding that goes into a police FIR or chargesheet often becomes central evidence in a Motor Accident Claims Tribunal (MACT) proceeding deciding who receives compensation, and how much. A finding shaped by what was easiest to record, rather than what was fully investigated, does not just distort statistics — it can shape whether a grieving family is fairly compensated.

What Even the Government's Own Report Admits

This is not an outside critique. MoRTH's 2024 report contains its own remarkably candid admissions:

  • Data is "sourced primarily from the State/UT Police Departments" and is described as reliable "notwithstanding the availability of other sources such as hospitals and State/UT Transport Departments."
  • "The data collected by the police is not always evidence-based, as police personnel attending the accident site may record details after returning from the spot, often relying on memory."
  • "The data collected by the police may be influenced by the value judgements and personal biases of the reporting personnel."
  • Table 10.2 of the report lists "limited photographic and forensic evidence" as a known challenge whose direct impact is "weak causality and liability assessment."

India has already built better technical architecture for this: the Electronic Detailed Accident Report (e-DAR), designed to bring together police, transport, highways, and health data through real-time, geo-tagged, evidence-based capture. e-DAR is being rolled out across states and is genuinely in use. Yet the same 2024 report states outright that "e-DAR data has not been used for compilation of this report," except in one limited case used only for validation. So the gap is not that India lacks the data infrastructure to investigate crashes properly — it is that the institutional architecture is not yet using that infrastructure to produce the headline statistics that shape national policy. The 70.74% over-speeding figure, and the rest of Table 3.1, still comes from the same conventional, memory-dependent police reporting process the Ministry itself critiques in the same document.

The Legal Machinery Behind the Numbers

Part of why this gap persists sits in criminal law. Road accidents in India are typically charged under a small set of Bharatiya Nyaya Sanhita (BNS) provisions — Section 281 (rash or negligent driving), Section 125 (causing hurt or grievous hurt), and Section 106(1) (causing death by a rash or negligent act) — each of which can be invoked on a threshold as thin as an investigating officer's assessment at the scene, without necessarily involving the kind of forensic reconstruction that would distinguish genuine recklessness from a road that was unsafe by design.

The result is a legal system that often begins — and frequently ends — with a police determination of rash or negligent driving, while the underlying crash may never be independently examined for road design, vehicle condition, or other contributing factors. That determination is real evidence. It is not, on its own, a scientific finding of cause.

Beyond a Single Cause: What Proper Crash Investigation Would Actually Examine

A crash rarely has just one cause. A rigorous Safe System approach — the same framework Bloomberg Philanthropies' Global Road Safety Partnership and India's own policy commitments increasingly reference — looks at contributing factors across four categories:

Driver

  • Speed
  • Impairment
  • Distraction
  • Fatigue

Road

  • Geometry & sight distance
  • Median design
  • Signage & lighting
  • Pedestrian crossings
  • Road surface & work zones

Vehicle

  • Brakes & tyres
  • Steering
  • Lighting
  • Safety systems

System

  • Enforcement
  • Road maintenance
  • Emergency response
  • Design standards
  • Licensing & training

India's crash records are not wrong to note driver behaviour. The problem is that driver behaviour is often recorded as the finding, without a comparable, systematic examination of the other three categories.

The question worth asking at a repeat-crash location is not only "why are drivers crashing here" — it is "what is this road doing, repeatedly, to the people who use it."

Your Rights / What You Can Do

  • A "rash and negligent driving" finding in your FIR or chargesheet is evidence — not necessarily the final scientific word on what caused the crash. Courts have recognised that a criminal finding does not automatically control the outcome of a separate compensation proceeding.
  • Compensation claims can be supplemented with independent evidence — accident reconstruction, road-condition documentation, vehicle inspection reports — where genuine doubt exists about the stated cause.
  • Photograph the accident site, road conditions, and any visible road defects immediately (when safely possible) — this can matter later, given how thin the official forensic record often is.
  • Ask, not assume, when a chargesheet attributes an accident to driver fault alone, particularly at known accident-prone junctions or stretches with a history of similar crashes.

PRAN's Perspective

PRAN believes India's road safety crisis cannot be solved by treating incomplete crash investigation as a data quality footnote. Every crash should answer two different questions — "who may be legally responsible" and "what actually caused this crash" — and India's system should stop assuming the first answer automatically supplies the second.

01
A mandatory crash investigation protocol for fatal accidents

A standard checklist — road geometry, signage, visibility, lighting, road surface, vehicle condition, speed evidence, CCTV, photographs, and GPS/telematics data where available — should be mandatory for every fatal crash, not an optional add-on left to individual officer discretion.

02
Independent, multidisciplinary review for fatal crashes

Crash investigation should function the way aviation and rail-accident investigation already does in India: an independent process — police, road engineer, and where warranted, forensic expert — that establishes cause separately from the criminal proceeding that follows, not as a byproduct of it.

03
An e-DAR evidence-completeness standard

Every crash record should show, transparently, whether photographs, GPS location, road geometry, and vehicle inspection data were actually collected — and e-DAR's evidence-based data, not the conventional police format, should become the actual basis for MoRTH's annual national statistics.

04
Blackspot causation audits

Locations with repeated crashes should trigger a mandatory causation audit examining road design and engineering factors, not just renewed enforcement drives targeting driver behaviour at the same spot.

05
An MACT evidence protocol for disputed causation

Where causation is genuinely disputed, tribunals should be able to call for accident reconstruction, road safety audit findings, vehicle inspection, CCTV, or e-DAR records — rather than treating the police chargesheet as the presumptive last word.

Conclusion

India does not lack the technology to investigate road accidents properly — e-DAR proves that. What it currently lacks is the institutional practice of using that technology to answer the causation question as rigorously as the liability question.

Until crash investigation is treated as seriously as crash prosecution, India's road safety numbers will keep reflecting how convenient a cause was to record, not necessarily how a person died.

Disclaimer: This article is intended for legal awareness and public policy discussion purposes only. It does not constitute legal advice.

For more legal-policy analysis and consumer rights advocacy, visit:
PRAN – Policy Research Action Network Foundation
www.publicrightaction.org

#RoadSafety #ConsumerRights #BNS #MotorAccidentClaims #PolicyReform #AccessToJustice #LegalAwareness #PRAN #DataTransparency #RoadAccidentsIndia

हिंदी सार

भारत में पिछले दो दशकों में सख्त गति सीमा, हेलमेट और सीट-बेल्ट कानूनों के बावजूद सड़क दुर्घटना में मृत्यु दर घटने के बजाय बढ़ी है। सरकार की अपनी 2024 रिपोर्ट स्वीकार करती है कि दुर्घटनाओं को "मानवीय भूल" बताना अक्सर केवल प्रथम दृष्टया निष्कर्ष होता है, जबकि सड़क डिज़ाइन या वाहन दोष जैसी असली वजहों की गहराई से जांच नहीं होती। पुलिस द्वारा दर्ज आंकड़े स्मृति-आधारित और पूर्वाग्रह-प्रभावित हो सकते हैं — यह बात रिपोर्ट स्वयं मानती है। भारत के पास e-DAR जैसी बेहतर, साक्ष्य-आधारित तकनीक पहले से मौजूद है, लेकिन राष्ट्रीय आंकड़ों में अब भी पुरानी पुलिस रिपोर्टिंग प्रणाली का ही उपयोग हो रहा है। यही अधूरी जांच मुआवज़े के मामलों (MACT) में भी बिना चुनौती दिए स्वीकार कर ली जाती है। PRAN का मानना है कि हर दुर्घटना में "कानूनी ज़िम्मेदारी किसकी है" और "वास्तविक कारण क्या था" — इन दोनों सवालों के अलग-अलग, वैज्ञानिक जवाब होने चाहिए, तभी सड़क सुरक्षा नीति सही दिशा में आगे बढ़ सकेगी।

Stray Cattle on Our Roads: Supreme Court Demands Compensation Mechanism and Accountability

By Adv. Amarjeet Singh, Founder, PRAN – Policy Research Action Network Foundation

The Supreme Court of India has made it clear that road accidents caused by stray cattle can no longer be treated as isolated, unfortunate incidents. In a ruling that awarded Rs 15 lakh in compensation to a woman nearly two decades after her husband was killed by a stray bull, the Court has directed the Centre and State Governments to strengthen enforcement of existing cattle laws, create a proper compensation mechanism for victims, and adopt long-term measures — including mandatory cattle tagging — to address a problem that kills over 1,300 people every year.

This is not a judgment about cattle. It is a judgment about the cost citizens continue to pay for a governance gap that the State has known about for decades.

Case at a Glance

Case: Nisha v. Municipal Council Sangrur & Ors.

Citation: Civil Appeal arising out of SLP(C) No. 4663 of 2026

Court: Supreme Court of India

Bench: Justice Sanjay Karol, Justice N. Kotiswar Singh

Date: July 31, 2026

Source: LiveLaw · Bar & Bench · Free Press Journal

The Core Issue: Nineteen Years for a Remedy

On September 21, 2007, Vijay Kumar was struck by a stray bull while walking on a road in Sangrur, Punjab, suffering severe head injuries that left him unconscious. The incident was recorded in the local police station's Daily Diary Register. In March 2010, Vijay applied to the Deputy Commissioner, Sangrur, seeking Rs 1 crore in compensation. The authority rejected his claim — not because it disputed that the attack had happened, but simply because it said no funds were available for such compensation.

Vijay then filed a writ petition before the Punjab and Haryana High Court in 2010. He died during the course of the litigation, and his widow, Nisha, carried the case forward.

In May 2019, a Single Judge of the High Court awarded her Rs 29.32 lakh with 6% annual interest, applying compensation principles used under the Motor Vehicles Act. But a Division Bench later set this aside, holding that the disputed questions of fact should first be decided by a civil court — sending the family back to square one, nearly a decade after they had first gone to court, and twelve years after the attack itself.

The Supreme Court reversed the Division Bench. It held that after almost two decades, directing the family to start fresh civil proceedings would be "extremely unjust, unfair and inequitable" and would leave them, in the Court's words, "remediless." It clarified that compensation under the Motor Vehicles Act cannot automatically be extended to every stray-cattle case, but — weighing the prolonged litigation, the severity of Vijay Kumar's injuries, and the absence of any quantified compensation under the applicable Punjab bye-laws at the relevant time — it awarded a lump sum of Rs 15 lakh, to be paid within four weeks. The Court was careful to note this award rested on the specific facts of the case and was not to be treated as a precedent for future claims.

But the Bench went further than deciding one case. It placed the individual tragedy in its true context — and that context is where the numbers matter.

Road Accidents Involving Stray Animals: The Numbers

The Court did not rely on impressions. It pointed to official data showing that animal attacks killed 1,130 people in 2018, 1,425 in 2019, and 1,305 in 2020 across India — an annual toll that has stayed above 1,300 in most recent years even as it fluctuates. Some context that sharpens the picture:

  • India's 2019 Livestock Census recorded a combined stray dog and stray cattle population of 203.31 lakh (over 2 crore) roaming the country — the raw scale of the problem the Court was asked to confront.
  • Punjab's own compensation framework illustrates the gap the Court flagged. The Punjab Municipal (Registration and Proper Control of Stray Animals) Bye-Laws, 2006 created a compensation fund for stray-animal victims but never fixed payout amounts. Rules introduced only in 2020 and 2023 finally capped compensation at Rs 5 lakh for death and Rs 2 lakh for permanent disability — meaning that for the thirteen years between the attack on Vijay Kumar and any quantified state compensation scheme, victims in Punjab had no defined entitlement to fall back on at all.
  • Independent medical studies on road accidents caused by animal collisions — including a multi-year study at a major trauma centre in eastern India — have found that stray cattle account for roughly a fifth to a third of such collisions, second only to stray dogs, with two-wheeler riders bearing the overwhelming share of the resulting injuries.

Read together, this is the picture the Supreme Court was responding to: a large and growing stray population, a documented and fairly steady death toll, and compensation frameworks — where they exist at all — that are either unquantified, badly outdated, or absent until very recently.

Why This Judgment Matters for You

The Bench examined the constitutional and statutory framework already in place — Article 48 and Article 51A(g) of the Constitution, the Prevention of Cruelty to Animals Act, 1960, the Cattle Trespass Act, 1871, and various State laws on cattle preservation, gaushalas and shelters. Its conclusion was blunt: most States already have the laws they need. What they lack is implementation.

This matters because:

  • A compensation mechanism is now a stated judicial expectation, not a discretionary courtesy extended case by case. Where such mechanisms exist at all, as Punjab's own bye-laws show, they have often been unquantified or badly outdated for years at a stretch.
  • Delay can no longer be used to defeat a genuine claim. Where facts are undisputed, courts are expected to grant relief rather than send families back to square one.
  • Mandatory cattle tagging has been recommended — covering tracking, veterinary care, and vaccination records — giving authorities a real tool to trace ownership and enforce accountability.
  • Owners who abandon cattle will be expected to bear responsibility for ensuring the animal's safe transfer to an authorised shelter, with shelters required to issue receipts and maintain digital records.
  • A nodal officer in every corporation or department has been recommended to oversee tagging, digitisation, and the functioning of shelters — creating a specific point of accountability where none currently exists.

The Bench directed that a copy of the judgment be sent to the Chief Secretaries of all States, Administrators of Union Territories, and Member Secretaries of the State Legal Services Authorities — signalling that this is meant to move beyond one courtroom and into administrative action.

The Larger Structural Problem: A Pattern PRAN Has Seen Before

This judgment follows a pattern PRAN has tracked across multiple public safety domains — stray dog governance, amusement ride safety, and highway accountability. The problem is rarely an absence of law. India already has the Prevention of Cruelty to Animals Act, the Cattle Trespass Act, and State-level gaushala legislation. What consistently fails is the machinery that is supposed to translate that law into protection on the ground.

The Court identified the root cause with unusual candour: cattle are abandoned once they stop being economically useful. Animals reared for farming or dairy are often let loose once their productivity declines — eventually ending up on the very roads and highways where they become lethal hazards. The Bench remarked that "in a perfect world," anyone who brings an animal home would care for it for life — but, as the Court put it, "we live in a deeply flawed, human world" where animals are abandoned the moment their utility diminishes, even as the same society takes offence when those animals are used for food (LiveLaw).

Anyone who chooses to rear cattle, the Court held, carries a responsibility to care for them throughout their lives — not just while they are useful.

Your Rights — And What You Can Do Right Now

If you or someone you know has been affected by a stray-cattle road accident, this judgment strengthens your position:

  • You have grounds to seek compensation, even where the accident happened years ago and even if the matter was previously stalled on procedural grounds — provided the core facts are not genuinely in dispute.
  • Document everything at the time of the incident: police reports, medical records, eyewitness details, and — where possible — the identity or location of the cattle involved.
  • Approach your State Legal Services Authority. The Court has specifically directed that copies of this judgment reach Member Secretaries of State Legal Services Authorities, making them a direct point of contact for victims seeking guidance.
  • Report unattended or abandoned cattle on roads and highways to your local municipal or panchayat authority in writing, and keep a record of the complaint — this builds the evidentiary trail that matters if an accident later occurs.
  • Push for local implementation of cattle tagging and shelter accountability where it does not yet exist — this is now backed by an explicit judicial recommendation, not just a policy suggestion.

PRAN's Perspective

PRAN believes this judgment is a necessary correction to two decades of treating stray-cattle accidents as private misfortune rather than public policy failure. The ruling recognises three realities that deserve wider attention:

1. Compensation Is a Right, Not a Discretionary Favour

A victim's claim should not depend on how long they are willing to fight a system, or on procedural technicalities used to defer responsibility. The Court's insistence that a nearly twenty-year-old, factually undisputed claim be resolved on merits — not remanded once more — is a principle that deserves to guide compensation claims across all categories of public-safety failure, not stray cattle alone.

2. Accountability Must Follow Ownership, for Life

The Court's emphasis on mandatory tagging and owner responsibility for abandoned cattle strikes at the actual root of the problem. Animal welfare and human safety are not competing interests — they collapse together when ownership ends the moment an animal stops being profitable. A tagging and shelter-accountability system, properly enforced, protects both the animal and the public.

3. Law Without Local Implementation Is Not Protection

As with stray dog governance, the Court has again found that India's problem is not a shortage of statutes but a shortage of enforcement infrastructure at the district and municipal level. PRAN will be watching whether the recommendation for a nodal officer in every corporation or department is actually implemented — or whether, like so many compliance directions before it, it remains a line in a judgment that never reaches the ground.

Conclusion

This ruling will not, by itself, clear India's roads of stray cattle. But it does something equally important: it converts a scattered, decades-old pattern of individual suffering into a documented policy failure that the Centre and States can no longer treat as background noise. For Nisha, justice arrived nearly nineteen years after her husband was struck down on a Punjab road. The measure of whether this judgment truly matters will be whether the next family does not have to wait that long.

PRAN Foundation will continue tracking implementation of this direction, assisting victims of stray-animal accidents in understanding their compensation rights, and pushing for the tagging and accountability infrastructure the Court has now explicitly recommended.

📖 Related Reading from PRAN

The stray cattle crisis follows the same governance pattern PRAN has documented in stray dog cases — laws that exist on paper but fail without implementation, and citizens left to fight for compensation the system was always meant to provide.

👉 When the State Fails to Protect: The Supreme Court's Stray Dog Judgment and What It Means for Every Citizen

👉 Injured by a Stray Dog? How to Make the City Pay — Legally


Disclaimer: This article is intended for legal awareness and public policy discussion purposes only. It does not constitute legal advice. For specific legal guidance, please consult a qualified advocate.

For more legal-policy analysis, PIL updates, and consumer rights advocacy, visit:

PRAN – Policy Research Action Network Foundation

🌐 www.publicrightaction.org

📧 pranfoundationindia@gmail.com

📱 WhatsApp: +91-8920798501

#RoadSafety #StrayCattle #SupremeCourt #ConsumerRights #PRAN #AccessToJustice #PublicPolicy #LegalAwareness #AnimalWelfare #PILIndia


हिंदी सार

सर्वोच्च न्यायालय ने आवारा पशुओं, विशेषकर सड़कों पर घूमने वाले पशुओं के कारण होने वाली दुर्घटनाओं को अब अलग-थलग घटना मानने से इनकार कर दिया है। पंजाब में 2007 में एक सांड के हमले में पति की मृत्यु के मामले में न्यायालय ने पीड़िता को 15 लाख रुपये का मुआवज़ा दिया और लगभग दो दशक की देरी के बाद परिवार को न्याय दिलाया। न्यायालय ने केंद्र और राज्य सरकारों से मौजूदा कानूनों को सख्ती से लागू करने, पीड़ितों के लिए एक उचित मुआवज़ा तंत्र बनाने और सभी पशुओं की अनिवार्य टैगिंग की व्यवस्था करने का आग्रह किया है। हर साल पशु हमलों से 1,300 से अधिक मौतें होती हैं। PRAN फाउंडेशन इस फैसले के क्रियान्वयन पर नज़र रखेगा और पीड़ितों को उनके मुआवज़े के अधिकारों को समझने में सहायता करेगा।

Bridging the Justice Gap: Why the Proposed MACT Interim Compensation Reform is a Landmark Step

By Adv. Amarjeet Singh, Founder, PRAN – Policy Research Action Network Foundation

Bridging the Justice Gap: Can Interim Compensation Transform Motor Accident Justice in India?

Analysing the Government's Proposal to Empower MACTs to Grant Interim Compensation

📰 In the News

The issue recently entered the national policy discourse following a report published in The Times of India titled "Driving test for repeat offenders, interim compensation for crash victims on cards" (6 July 2026), authored by Special Correspondent Dipak K. Dash.

The report highlights the Government's reported proposal to introduce a statutory mechanism enabling MACTs to grant interim compensation to road accident victims during the pendency of compensation proceedings, along with other proposed road safety reforms. I had the opportunity to comment on the proposal in the report:

"The move to allow interim compensation by MACT tribunals is welcome considering that such cases often face delays in final disposal."

I thank The Times of India and Mr. Dipak K. Dash for including my views in this important national discussion on road safety and victim compensation. See the news for details at: https://timesofindia.indiatimes.com/india/driving-test-for-repeat-offenders-interim-compensation-for-crash-victims-on-cards/articleshow/132202904.cms

"Justice delayed is justice denied" is more than a legal maxim. For thousands of road accident victims, delayed compensation can mean interrupted medical treatment, mounting debt, loss of livelihood, and prolonged uncertainty.

Every road accident creates two battles. The first is the struggle for survival. The second begins after the victim leaves the hospital—the long journey through legal proceedings, insurance claims, medical rehabilitation, and financial hardship.

While emergency treatment demands immediate financial resources, compensation proceedings before Motor Accident Claims Tribunals (MACTs) frequently take years to conclude. This gap between injury and relief remains one of the weakest links in India's road accident compensation framework.

Against this backdrop, the Union Government's reported proposal to empower MACTs to grant interim compensation represents one of the most significant victim-centric reforms under consideration in recent years.

From Road Safety to Post-Accident Justice

This proposal resonates with concerns I previously raised in my opinion article, "Justice Unserved: Why the Forgotten Phase of Road Accidents Needs Urgent Reform," published by The Hindu and reproduced on the PRAN website.

That article argued that India's road safety discourse has traditionally focused on preventing accidents while paying comparatively little attention to what happens after an accident occurs.

For accident victims and their families, the real challenges often begin only after the crash:

  • prolonged hospitalization;
  • permanent disability;
  • loss of employment;
  • rehabilitation;
  • insurance disputes; and
  • lengthy compensation proceedings.

Road safety must therefore be understood not merely as preventing accidents but also as ensuring timely justice and effective rehabilitation for those affected.

The Government's latest proposal appears to acknowledge one of these long-standing structural concerns.

Key Takeaways

The proposal is not yet law.

Presently, MACTs have no general statutory power to grant interim compensation in pending Section 166 claims.

Section 164 provides statutory no-fault compensation but is not equivalent to interim compensation during litigation.

If enacted, the proposal could significantly improve access to justice for road accident victims.

 

What Does the Law Provide Today?

Understanding the current legal framework is essential before assessing the proposed reform.

Earlier Position: Section 140

Before the Motor Vehicles (Amendment) Act, 2019, Section 140 of the Motor Vehicles Act provided no-fault compensation.

Victims could receive immediate statutory compensation without proving negligence:

  • 50,000 in case of death;
  • 25,000 in case of permanent disablement.

This amount was later adjusted against the final award. However, Section 140 was omitted following the 2019 amendment.

Present Position: Section 164

The current no-fault compensation provision is Section 164.

It provides:

  • 5 lakh for death; and
  • 2.5 lakh for grievous hurt,

without requiring proof of negligence.

While Section 164 is an important social welfare provision, it is not designed as an interim compensation mechanism during the pendency of a fault-based compensation claim. This distinction is often overlooked in public discussions.

Claims under Section 166

Most accident compensation cases continue to be filed under Section 166.

These proceedings generally require:

  • proof of negligence;
  • documentary evidence;
  • medical records;
  • examination of witnesses;
  • assessment of disability or dependency; and
  • determination of liability.

Consequently, proceedings frequently remain pending for several years.

At present, there is no express statutory provision empowering MACTs to routinely grant interim monetary relief simply because the claim petition is pending.

Why Existing Compensation Mechanisms Are Not Enough

One of the most common misconceptions is that Section 164 already solves the problem. It does not.

Section 164 creates a separate statutory compensation regime.

The Government's reported proposal addresses an entirely different issue.

·       Consider a victim suffering spinal injuries.

·       Medical expenses begin immediately.

·       Income stops immediately.

·       Rehabilitation begins immediately.

·       Yet compensation proceedings may continue for years.

·       The proposed interim compensation mechanism seeks to bridge precisely this gap.

What Has the Government Proposed?

According to the reported proposal, the Government intends to expressly empower MACTs to grant interim compensation before the final disposal of compensation claims.

The proposal reportedly also includes:

  • mandatory driving tests for repeat traffic offenders;
  • increasing the appeal threshold before High Courts from 1 lakh to 5 lakh; and
  • restrictions on fresh driving licences following licence revocation.

Among these proposals, interim compensation carries the greatest humanitarian significance.

Current Law vs Proposed Reform

Current Legal Position

Proposed Reform

No general statutory power for MACTs to grant interim compensation in pending Section 166 claims.

Express statutory authority for MACTs to grant interim compensation.

Victims frequently wait years for financial relief.

Early financial assistance during litigation.

No uniform nationwide mechanism.

Uniform statutory framework proposed.

Medical expenses remain immediate burdens.

Financial assistance during treatment and rehabilitation.

 

Many jurisdictions recognise that accident victims require financial assistance long before final judicial determination of liability. Various legal systems provide interim payments, advance insurance settlements, or structured compensation mechanisms that ensure victims receive timely support.

India's proposed reform reflects the same humanitarian principle: Compensation should respond to immediate human needs rather than only final judicial outcomes.


PRAN's Perspective

At the Policy Research Action Network (PRAN) Foundation, we believe that road safety policy should not conclude with accident prevention.

It must also encompass:

  • timely compensation;
  • rehabilitation;
  • legal aid;
  • insurance accountability; and
  • access to justice.

The proposed reform marks an important shift from a liability-centric model towards a victim-centric framework.

PRAN Recommendations

PRAN recommends that any legislative amendment should incorporate the following safeguards.

Legislative Measures

  • Clearly define eligibility for interim compensation.
  • Specify the stage at which applications may be entertained.
  • Ensure that interim compensation does not prejudice claims under Section 166.
  • Decide interim applications within 30–60 days.
  • Provide simplified procedures based on prima facie evidence.
  • Prescribe transparent adjustment against the final award.
  • Clearly identify whether insurers or the Motor Vehicle Accident Fund will initially bear liability.
  • Standardise procedures across all MACTs.
  • Introduce digital monitoring to ensure timely compliance.

Looking Beyond Compensation

The proposal should be viewed as part of a broader reform agenda. India's road safety framework should eventually integrate:

  • emergency medical care;
  • psychological counselling;
  • rehabilitation;
  • insurance settlement;
  • legal assistance; and
  • long-term victim support.

True road safety extends beyond preventing accidents—it includes restoring lives after accidents occur.

Conclusion

The Government's reported proposal to empower Motor Accident Claims Tribunals to grant interim compensation has the potential to redefine motor accident compensation in India.

If enacted with appropriate safeguards, it will represent more than a procedural amendment. It will recognise that justice is meaningful only when it reaches victims in time to make a difference.

Road safety should not end when the accident occurs.

It should continue until every victim receives timely medical care, meaningful financial assistance, effective rehabilitation, and fair access to justice.

That is the justice gap this proposal seeks to bridge—and one that PRAN Foundation will continue to address through research, legal advocacy, and evidence-based policy engagement.


Further Reading

Justice Unserved: Why the Forgotten Phase of Road Accidents Needs Urgent Reform
Originally published by The Hindu and reproduced on the PRAN website:
https://www.publicrightaction.org/2026/03/justice-unserved-why-forgotten-phase-of.html


Acknowledgements

The author was quoted in The Times of India report "Driving test for repeat offenders, interim compensation for crash victims on cards" (6 July 2026), authored by Special Correspondent Dipak K. Dash, discussing the proposed reforms relating to interim compensation by Motor Accident Claims Tribunals. News: https://timesofindia.indiatimes.com/india/driving-test-for-repeat-offenders-interim-compensation-for-crash-victims-on-cards/articleshow/132202904.cms

References

  1. The Times of India, "Driving test for repeat offenders, interim compensation for crash victims on cards" (6 July 2026).
  2. The Hindu, "Justice Unserved: Why the Forgotten Phase of Road Accidents Needs Urgent Reform."
  3. Motor Vehicles Act, 1988 (as amended).
  4. Motor Vehicles (Amendment) Act, 2019.
  5. Ministry of Road Transport and Highways – relevant notifications and future legislative amendments, when notified.

About PRAN Foundation

Policy Research Action Network (PRAN) Foundation is an independent public policy, legal research, and civic advocacy organisation working to advance access to justice, road safety, consumer rights, regulatory accountability, and evidence-based legal reform. Through research, litigation support, public education, and policy engagement, PRAN seeks to promote laws and institutions that are transparent, inclusive, and responsive to citizens' needs.

Website: https://www.publicrightaction.org
Email: publicrightaction@gmail.com

 


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