Mangaluru: The city police has decided to book erring institutions under Section 198A of Motor Vehicles (Amendment) Act whenever serious injuries or death take place due to bad roads in city limits.
This comes after the city police booked a case recently where a motorist was killed due to unscientific road construction in Kavoor police station limits.
City police commissioner PS Harsha told TOI that police can only invoke the Act and the rest of the procedures will be decided by the court. “We have done this and will continue to invoke the Act if the police find that an individual is dead/seriously injured due to faulty road in the commissionerate limits. This will give justice to the family of victim, when the motorist loses his life or receives injuries for no fault of his,” said Harsha.
A few days ago, city police had invoked the section pointing out to the poor road engineering that led to the death of motorist in Kavoor. According to police, the edge of the iron beam placed near the railway bridge at Kembar resulted in the accident and killed the motorist.
“Though the Act existed, it was not put to use by police. So we decided to invoke it as the case was genuine and serious. We (police) have submitted a report to the court and the court will further probe various reasons behind the accident. It seeks experts’ opinion which includes technical and other areas. If it finds a fault in road construction, it can levy a fine of upto Rs 1 lakh against erring road contractor or institution,” he said.
What the Act says
Section 198A under Indian Motor Vehicles (Amendment) Act says that any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.
Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to Rs 1 lakh and the same shall be paid to the fund constituted under Section 164B.
This comes after the city police booked a case recently where a motorist was killed due to unscientific road construction in Kavoor police station limits.
City police commissioner PS Harsha told TOI that police can only invoke the Act and the rest of the procedures will be decided by the court. “We have done this and will continue to invoke the Act if the police find that an individual is dead/seriously injured due to faulty road in the commissionerate limits. This will give justice to the family of victim, when the motorist loses his life or receives injuries for no fault of his,” said Harsha.
A few days ago, city police had invoked the section pointing out to the poor road engineering that led to the death of motorist in Kavoor. According to police, the edge of the iron beam placed near the railway bridge at Kembar resulted in the accident and killed the motorist.
“Though the Act existed, it was not put to use by police. So we decided to invoke it as the case was genuine and serious. We (police) have submitted a report to the court and the court will further probe various reasons behind the accident. It seeks experts’ opinion which includes technical and other areas. If it finds a fault in road construction, it can levy a fine of upto Rs 1 lakh against erring road contractor or institution,” he said.
What the Act says
Section 198A under Indian Motor Vehicles (Amendment) Act says that any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.
Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to Rs 1 lakh and the same shall be paid to the fund constituted under Section 164B.
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