The Role of Accident Compensation Law in Sri Lanka and its Way Forward: An Assessment

Abstract

Compensating road accident victims adequately and satisfactorily in Sri Lanka is a critical problem due to several factors.1 Primarily, ‘accidents’ do not involve the mental element of the doer as it is a sudden an unintended occurrence. Therefore, holding defendants liable for unintended acts requires a justifiable policy ground. Secondly, it is also noted that the major statute in this regard does not guide the courts with sufficient clarity.2 Thirdly, it is questioned whether collisions which occur on roads negligently can be considered as ‘accidents’. If so, can it be considered under the same policy or should it be considered on a different policy ground? This is interesting to research on as collisions on the road are always referred to as ‘accidents’. Further, smooth function of compensating accident victims may be badly affected by the strict legal procedure that has been laid down for accident compensation in the Sri Lankan legal system. This involves the requirement of proof of fault, inaccessibility to the court, the difficulty in calling of evidence, lack of awareness of the proceedings, lack of money and the like. However, the most significant factor that follows is a ‘vulnerable empty handed accident victim’ at the end. Therefore, it is questioned whether the system that has been adopted to redress the accident victim in this country is inherently unfair. It does not seem to stand for an assured remedy for accident victims based on policy considerations despite all the above deficiencies. The issue raises serious concern of the welfare and responsibility of victims of road accidents who are vulnerable to various physical, physiological, economic and social problems subsequently. Alternatively, it is much interesting to see insurance policies that are marketed in the market place in different facets in light of claims of accident. These are promoted with highest attractive benefits for the policy holders in the context of motor vehicles insurance particularly. Also, third party insurance is a statutory requirement for all vehicle owners in Sri Lanka.3 However, the victims who wish to seek remedy through third party insurance have to undergo court proceedings.4 Indeed, this is similar to suing the defendant in a normal civil case. Therefore it is clear that the victims are not protected through both alternatives of accident compensation.