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Road Transport Act

The Road Transport Act of 2018 in Bangladesh establishes a compensation fund called the "Arthik Sahayata Tohobil" to provide financial assistance to victims of motor vehicle accidents. The fund is supported through government grants, contributions from motor vehicle owners, fines from the act, grants from motor organizations, and other legal sources. The act outlines the process for victims or their heirs to apply for compensation from this fund, including submitting an application to the board of trustees with necessary information, an inquiry into the claim, and determination of compensation within set procedures and time frames. Vehicle owners and drivers are also liable for compensation if their overloaded vehicles damage infrastructure like roads and bridges.

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Fahim Shahriar Mozumder
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51 views3 pages

Road Transport Act

The Road Transport Act of 2018 in Bangladesh establishes a compensation fund called the "Arthik Sahayata Tohobil" to provide financial assistance to victims of motor vehicle accidents. The fund is supported through government grants, contributions from motor vehicle owners, fines from the act, grants from motor organizations, and other legal sources. The act outlines the process for victims or their heirs to apply for compensation from this fund, including submitting an application to the board of trustees with necessary information, an inquiry into the claim, and determination of compensation within set procedures and time frames. Vehicle owners and drivers are also liable for compensation if their overloaded vehicles damage infrastructure like roads and bridges.

Uploaded by

Fahim Shahriar Mozumder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Compensatory Provisions under the “Road Transport Act, 2018”

The approved of Road Transport Act, 2018 has long been in the
works but was accelerated for enactment by the Bangladesh parliament in
response to the ground breaking student protests for road safety in August,
2018.
In this act, chapter 9 namely sections 52 and 53 of the act
which replaces this right of the victim to sue for compensation with the right to
apply for compensation from a rather charitably titled "Arthik Sahayata
Tohobil". Section 59 set down the procedure a claimant must follow when they
apply for financial aid from this fund.

According to the sub-section (7) of section- 43,


If a motor vehicle take approved laden weight, train weight
or excel weight of overloaded became any harm goes towards high ways,
culverts, Bailee bridge, road divider. The owner of the vehicle and the driver
will pay to the compensation fixed by the government within the three
months.

According to the sub-section (8) of section- 43,


It laid down the owner of the vehicle and the driver failed to pay the
compensation under sub-section 7, then it goes towards the "Public Demand
Recovery Act, 1913"

According to the section- 52,


If a person is hurt or damaged or died due to an accident caused
by a motor vehicle, the victim will be entitled to compensation or, if applicable,
treatment cost, determined by the Trustee Board from the financial assistance
fund formed under the person nominated for his successors.
According to the section- 57,
it is the states that this fund will be established from the five main sources,
1. Grants from government
2. Contributions from motor vehicle owners
3. Fines obtained under the act
4. Grants from motor vehicle owners and worker’s associations
5. Grants from any legal source
Additionally, it is important to bear in mind that fines can only be imposed on
those who incur criminal liability. which should not apply to motor vehicle
owner’s.

According to the section- 59,


It is states, the application for financial support. It sets down the
procedure a claimant must follow when they 'apply for financial aid' from this
fund.
The injured person or died, the person affected by his injury or
heirs will be entitled of the 'Board of trustee'. The prescribed manner to the
chairman of the board of trustee in the prescribed manner for the purpose of
aiding the Financial Aid Fund. The procedure, along with the necessary
information.

According to the sub-section (3) of section- 59,


It laid down, the board of trustees shall make a proper
inquiry into the compensation claim and arrange for compensation from the
"Arthik Sahayata Tohobil" in favor of the affected person.
According to the sub-section (5) of section- 59,
It lay down to determine the extent of compensation,
procedure, time frame of compensation, grant of compensation application,
investigation for damage and others consequential.

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