There Is No Means to Prove Innocence
Speakers— 1-Dr Arun Mohan senior Advocate Supreme Court of India; 2-Justice J. R. Midha- former judge, Delhi High Court; Dr Advocate Arun Mohan.
1- Dr Arun Mohan Advocate
He said, he will talk only about India & not world. We have 10 times more injuries than deaths in accidents. Money spent is ¹ 50 crores/year. Every now and then we say “Just Escaped Accident”. Research is required for reason- a two-wheeler suddenly comes by zig zag driving, over speeding vehicle overtaking, wrong side driving vehicle appears, wrongly parked vehicle specially at T junction, red light ignoring vehicle appearing, drunken driver driving vehicle appears etc.
He suggested that As an Eye Opener on every petrol pump big poster should be put up “How Many Two Wheeler Drivers Not Wearing Helmet Met With An Accident and Died and How Many Survived/ Died”
Psychology plays an important role, any accident, bigger vehicle driver is at fault. Cameras play a crucial role. One example-on 17-10-22 in Rajaji Nagar, Bengaluru, due to a pot-hole a woman fell from her scooter, was run over by the city bus coming from behind and died. Police arrested the bus driver. A video captured the truth, otherwise poor bus driver would have been sent to jail.
Finally, he summarised-we need 1- education, 2- perceptual behaviour change. Not only for drivers, but for all concerned, 3- Road design related safety measures, 4-Vehicle related safety measures. Sticker of registration number should be put on top of vehicle, so that cameras can catch and 5- Enforcement related safety measures.
Justice J. R. Midha—
1-Condition of Roads in India, most important cause of accidents, 2-under age/ no license driving, 3-lacking education and awareness, 4-liquor shops within 500 meters of road, 5-Not bothering for driver’s comfort, 6- Cameras so that wrong person is not punished. Sometimes Pedestrians try to run to cross road in front of fast moving & meets accident. If camera is not there, vehicle driver will go to jail for Pedestrian’s fault. It’s mandatory to have insurance of vehicles.
Supreme Court passed ruling in 2020 & recommended to make it a law in 2021. Finally became law on 15-12-2022 Still to Be Implemented. It states- No vakil should be required, within 90 days police has to file report & Within 30 Days Insurance Has to Give Compensation. In special case eg. no license 3 months extra given.
For judiciary 3 type of cases come 1-Two-wheeler claiming, hit and fell down. Camera had captured- a stone on road, made two-wheeler driver unstable and he fell on one side and two-wheeler on other side. Case was clear with proof, 2- No camera, only one witness, court has to rely on single witness, 3- Is the real Dilemma where no camera, no witness. There are no means to prove innocence.
To have cameras is very important. He was very concerned where Breadwinner has died.
