Road Accidents: Exploitation of Tragedy or Pursuit of Justice?

A few days ago, a road accident occurred. In a moment, it brought the laughter and happiness of two completely unknown families into the vortex of the same destiny. A car and a motorcycle collided. The motorcycle rider tragically passed away at a young age in the accident. His life partner had to undergo 'internal fixation' (bone grafting surgery) for a broken leg bone in a hospital bed.

On the other hand, the car driver, who had never even tasted a drop of alcohol and always drove at a controlled speed, was physically unharmed. But his inner world was shattered. Due to severe mental trauma and agonizing guilt, his blood pressure and diabetes balance were completely lost. The dual pressure of the hospital bed and police custody also pushed him into restlessness and the need for treatment.

In the accident, who is the 'perpetrator' and who is the 'victim'?

A major weakness in our society is that as soon as a road accident occurs, we immediately tag one person as 'victim' and the other as 'perpetrator'. The one in the smaller vehicle is the victim, and the one in the larger vehicle is the perpetrator. But the reality is that the accident was not intentional and was purely accidental. Therefore, no one is a perpetrator in an accident; both parties are victims. Yes, the loss for one party might be irreparable or significant, which cannot be compensated. But the other party also does not sleep peacefully. They too have a family, life, and reputation, which can be reduced to dust on the road in an instant.

In this accident, the motorcycle rider died, which is irreplaceable. On the other hand, the car driver, who was the owner of the car and the main pillar of his home. He was surrounded by police inside the hospital. His business was in disarray, and his family was drowning in a swamp of worry. Despite all this, society treated him like a cruel 'murderer' without investigation. The mental 'trauma' that an innocent person had to endure due to this societal 'mobocracy' and prejudiced lens was even more horrific.

'What is destined to happen cannot be averted by fate.' No party is happy in an accident. The car driver's side was ready to offer solace for the deceased's pain and provide relief, even if it meant digging into their own pockets. The deceased's home had elderly parents, young nephews, and only one married daughter. The mother's surgical wound on the bed was still fresh. Seeing this tragic situation, the driver's side patiently and politely endured all the anger, abuse, and harsh words from every member of the deceased's family, considering them as 'cries of those in grief'.

One and a half crore's 'mirage' and the demise of sympathy

The law does not operate on mere emotion. After the 13th-day rituals were completed in the presence of the police, both parties met for consultation. When, during the negotiations, an exorbitant demand of one and a half crore rupees was made as compensation by the deceased's side. Then, human sentiments were severely insulted. By presenting an accident as a 'premeditated murder', their own family members tried to weigh the death on the scales of money. The car driver's patience broke, which was perhaps natural.

It seemed like an attempt to 'loot' by showing the corpse. This bargaining of one and a half crore, which was far removed from the Nepali economic context and existing laws, was certainly not humane. Such extreme financial greed and 'mirage' hidden behind pain and tears insulted the soul of the deceased. The society that had immense sympathy for that family. Upon hearing this exorbitant bargaining, that sympathy suddenly turned into anger and hatred. This sacrificed the true sympathy for the deceased's sacred memory and their family.

Chronic Social Tendency

This incident is not a new or isolated example. The practice of financially negotiating over a corpse and trying to 'trade' for crores based on the financial status of the vehicle owner has become a terrible social trend. Looking at some past famous incidents, this bitter reality becomes even clearer.

In B.S. 2080, on the Narayangadh-Muglin road section, the owner of Symphony Resort himself collided his car with a motorcycle, resulting in the death of the motorcycle rider. Although the accident appeared to be purely accidental, as soon as locals found out the vehicle owner was a reputable businessman, the mob and mediators from the victim's side came forward for bargaining. Ignoring the legal process, they demanded an exorbitant sum of 1 crore 50 lakh rupees and refused to claim the body for weeks. The innocent businessman driver had to endure weeks of mental torture in custody. His business was ruined, and later the case was settled through pressure-based mutual agreement.

Similarly, in 2079, on the Birtamod section of the East-West Highway, a private car hit a motorcycle, causing the death of the motorcycle rider. The car driver was a local businessman. The deceased's relatives and the mob blocked the road by burning tires at the main intersection of Birtamod. They demanded 1 crore rupees in cash and a permanent job for the deceased's wife, disregarding the third-party insurance provision. When the car owner said, 'It wasn't my fault, I can't give more than what insurance provides,' he was threatened with physical assault, and ultimately, a large sum was transacted under pressure.

If the driver of the vehicle causing the accident is just an ordinary 'employee' or 'driver', the victim's side is satisfied with a few lakh rupees as per the law. However, if the vehicle owner is the driver himself, or if the vehicle belongs to a middle-class or affluent person, there are ample examples in our society where the bargaining graph increases abnormally. In such a situation, justice is not sought; rather, the amount is determined by looking at the vehicle owner's wallet. It seems that an accident is not a means to get justice, but a 'legal weapon to rob the rich'.

In some cases, there is extreme negligence on the part of the driver, and a despicable mentality is sometimes seen where people think, 'It's better to kill them than to treat them if they are injured in the first collision, as less compensation will have to be paid.' It is natural for societal anger to increase due to such heinous road crimes. But to what extent is it justice that innocent, decent car drivers who fall victim to accidents have to pay the price for the societal anger generated by such criminal drivers?

Unscientific Law and the Gap in International Consciousness

In neighboring India and other developed countries, far more vehicles run, roads are wider, and speeds are higher than in Nepal. But compared to Nepal, there is less chaos in accidents and their aftermath in proportion to the population and number of vehicles. This is because road awareness is high there. Motorcycle riders and pedestrians there are extremely cautious to protect themselves.

In our country, even if someone crashes a motorcycle into a legally parked car on the side of the road, and the motorcycle rider is injured or dies, the car owner still gets entangled in legal trouble. Mobs gather, cars are burned, and exorbitant bargaining begins by detaining the car owner.

The law does not consider who was at fault; instead, it holds the 'larger vehicle' as guilty. This shows how unscientific and impractical our laws are.

In developed countries, a 'no-fault insurance system' is implemented. As soon as an accident occurs, insurance companies take responsibility for the victim's treatment and compensation. The situation of bargaining like a market trade between two parties does not arise. Furthermore, unless the driver's serious fault (e.g., drunk driving or speeding) is proven, they are not subjected to mental torture by being imprisoned like a criminal.

When we start looking for a 'chance to earn' even in social tragedies like accidents, instead of seeking justice, humanity, civilization, and goodwill disappear from society. The victim's side must receive fair relief and compensation, but such unjust financial bargaining in the name of pain kills both the gravity of the incident and human emotions alive.

As long as our country's laws do not become scientific and we do not understand the line between 'road accident' and 'road crime'. Until then, neither justice nor human emotions will survive in our society.