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Editorial

Properly compensating road accident victims

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An English morning newspaper last week editorialized on a very well known fact: that motorists, often under the influence of liquor, driving top end vehicles at breakneck speed causing death and destruction, too often get off very lightly. It urged that the culprits should not be easily let off the hook with a one-off compensation payment but should be required to support the victim’s wife and children as long as needed. We heartily endorse this suggestion but wonder whether it is a practical possibility. The editorial under reference was hung on the peg of a recent accident in Colombo when the driver of a Mercedes Benz luxury car driven at high speed careened into a slow moving three-wheeler going in the same direction killing its 52-year old driver pronounced dead on admission to hospital or shortly thereafter.

A columnist writing to The Island, our stablemate, said in her Friday column that she knew the victim, Tuan, who her friends had teasingly dubbed ‘your white-capped charioteer,’ very well. He plied his own vehicle for hire and was a remarkably fine man whom she had warmly recommended to her friends. He was ever helpful and scrupulously honest, once returning a bag containing some clothes and Rs. 20,000 a passenger had left in his vehicle. Not succeeding in finding the woman owner, he had requested the columnist who he often drove to the Crescat apartments on the Cinnamon Grand grounds to inquire for somebody helping in an apartment there who may have lost the bag. That was because he had picked up the fare outside the hotel. He intended handing the bag over to the police if the owner couldn’t be otherwise found.

As luck would have it, the person who lost the bag was working for our columnist’s friend. The bag was returned with the contents intact and the reward offered declined. It was only accepted on the insistence of the grateful owner. This man who wouldn’t take hires during Muslim prayer time when he went to the mosque, also volunteered now and again to help sink wells in remote Muslim villages. Such a man with teenage daughters was cut down in the prime of life by a reckless driver, possibly under the influence of liquor who has spent the previous night carousing at a nightclub. He vanished from the scene of the crash leaving two female companions accompanying him to face the music from angry onlookers. Hours after the accident he had enplaned for Dubai returning next day to be arrested by the police on arrival at the BIA.

Drivers as well as vehicle owners are well aware that they must cover themselves with at least third party insurance to drive on the pubic road. This is required to ensure that third parties, like pedestrians unfortunately injured in a road accident, are protected. But how adequately are such accident victims compensated by the various insurers? There are numerous instances where compensation has been woefully insufficient. Granted guilty parties do make settlements, generally one-off payments. But families of poor victims, cannot or do not, manage whatever they get to tide over the loss of a breadwinner. Granted also that there’s a not uncommon breed who pretend they have been hit by a vehicle to extort what they can. A common ruse is to strike a vehicle passing close to the con artist with the flat of an open hand and yell happuna. A motorist not savvy enough in the ways of such tricksters, making the mistake of stopping the vehicle is immediately confronted with extortionate demands.

A judgment of long ago held that driving a motor vehicle was somewhat akin to walking a tiger on a leash. The dangers of motor vehicles recklessly driven is similar to the tiger breaking loose. “Hold that tiger” was the implied message in that judgment. Published statistics indicate that some 2,419 people had been killed in over 2,000 fatal accidents last year. Over 13,000 were injured, over 5,000 of them critically. No doubt the figures this year are as bad or worse. The Christmas and New Year holiday period invariable sees and exponential rise in drunken driving. While some people take care not to drink and drive, taking taxis to parties and festivities serving alcohol, many more blithely take the wheel hoping they can avoid an encounter with police on their return home.

There’s a National Council for Road Safety under the Ministry of Transport and Highways with a data base of accidents. This indicates that in 2019 a measly Rs. 4.4 million compensation had been paid over road fatalities and just three million rupees to critically injured persons. Given today’s costs, the inadequacy of such payments is self-evident. Not so long ago a group of so-called car enthusiasts engaged in what was called drag racing in deserted Green Path in the dead of night. Neighbours were privy to engine roars and the noise of screeching tyres. But the police, strangely, took little notice. Even though the road was empty there’s always a chance of somebody venturing out or even a homeless tramp on the road being at risk.

Those who saw the grief written on the faces of Tuan’s wife and children, not knowing what a good and fine man he was, obviously reacted angrily to the tragedy. There feelings were aggravated by the fact that the vehicle involved was a Mercedes driven by a rich young businessman probably after liquor. This country has seen too many political brats and rich kids misbehaving in public spaces, most recently with off-road vehicles in the Yala National Park. There is also suspicion that is not unfounded that fatal accidents are sometimes a money making activity for the police. However that be, we can only hope that the conclusion of the investigation into the recent Kollupitiya accident will end favorably for the victims family.



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Editorial

Arrogance of power

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Friday 16th May, 2025

President Anura Kumara Dissanayake has begun to sound just like his predecessors, who succumbed to the arrogance of power and alienated the public. He has declared that he is ready to do everything in his power to enable the JVP-led NPP to secure the control of all local councils it has won with or without absolute majorities. Speaking at a ceremony to mark the 60th anniversary of the JVP, on Wednesday, Dissanayake said he would not hesitate to make use of the government’s two-thirds majority to achieve that goal.

The problem with power is that it goes to the heads of the wielders thereof and makes them take leave of their senses. Executive presidential powers can act like a mind-sucker, draining empathy, humility and rational thought from even the most grounded politicians. This has been our experience over the past several decades. Hence the aversion of the champions of democracy to the executive powers of the President. Even some defenders of democracy who secured the presidency with good intentions let their executive powers get the better of them.

In 1994, Chandrika Kumaratunga became the President, vowing to eliminate corruption (dooshanaya) and state terror (bheeshanaya), but her rule became a metaphor for political violence, election malpractices and corruption. The less said about J. R. Jayewardene, Ranasinghe Premadasa and Mahinda Rajapaksa, the better. President Maithripala Sirisena also abused his executive powers unflinchingly; in 2018, he sacked the UNF government, appointed Mahinda Rajapaksa Prime Minister, and then ordered the dissolution of Parliament in violation of the Constitution. Thankfully, a historic Supreme Court judgement restored the status quo ante.

Even non-elected President Ranil Wickremesinghe was intoxicated with executive powers from 2022 to 2024; he caused the local government elections to disappear and suppressed democracy. D. B. Wijetunga served as the President only for a brief period from 1993 to 1994 following President Premadasa’s assassination, and President Gotabaya Rajapaksa could not complete his term.

It is against this backdrop that President Dissanayake’s aforementioned declarations and warnings that border on veiled threats should be viewed. General Secretary of the ITAK, and former TNA MP M. A. Sumanthiran has torn into President Dissanayake for his declaration that he will use his presidential power to secure control of local councils which, he thinks, the NPP deserves to run, in all parts of the country. The ITAK apparently feels threatened as the NPP has won a considerable number of seats in the LG bodies in the North and the East. If only the ITAK/TNA had defended democracy so ardently while the LTTE, which did not have representation even in a local council, was controlling the North and the East.

It is a supreme irony that President Dissanayake has said that he will not allow anyone to trifle with the NPP’s popular mandate. He has either forgotten or chosen to ignore that popular mandates come to naught when governments fail and public resentment spills over onto the streets, with thousands of people baying for the rulers’ blood. Gotabaya, who won the executive presidency outright in 2019 and helped the SLPP secure a two-thirds majority in Parliament in 2020, had to run away and resign during Aragalaya in 2022 as he and his government mismanaged the economy. The JVP, which had only three MPs, at that time, almost succeeded in marching on Parliament. Now that a bad precedent has been created, the Presidents who fail in the future may have to hightail it like Gotabaya. It is popularly said in this country that no clay pot is too big for a wooden pole.

It is only wishful thinking that the NPP will be able to arrest the decline in its national vote share and shore up its support base by gaining the control of the local councils, where it has not obtained absolute majorities. Not even its hold on the executive presidency and Parliament has helped the NPP prevent a severe erosion of its vote base during the past six months or so. It finds itself in this predicament because it has failed to live up to people’s expectations. Instead of bellowing rhetoric and issuing warnings and threats, the NPP leaders must solve the burning problems faced by the public. They must at least try to make salt freely available at reasonable prices.

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Editorial

Right initiative: Follow-up needed

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Thursday 15th May, 2025

There appears to be no let-up in road accidents in the central hills. A van plunged down a precipice in Ramboda, injuring 11 passengers, yesterday.

The police swing into action after catastrophic road accidents—not to address the root causes of those mishaps but to adopt band-aid solutions to deflect criticism. Following Sunday’s fatal bus accident, which killed 23 passengers near Kotmale, they have launched a programme to inspect long-distance buses at night. This measure is welcome, but it will have to be coupled with roadside drug tests to enhance their effectiveness. Drug addiction is believed to be prevalent among heavy vehicle drivers. One can only hope that the new scheme will not end up being like the practice of placing night patrol visit books at houses and shops after break-ins and forgetting them after a few weeks. The night-time bus inspection scheme however has the potential to keep bus workers and their employers on their toes.

Much is spoken about substandard medicinal drugs used in the state-run health institutions. An ex-Health Minister and some former Health Ministry panjandrums are facing legal action for the fraudulent procurement of medicines, etc. The need for such drastic measures to rid the Health Ministry procurement process of corruption, bring the corrupt to justice and ensure the safety of patients cannot be overstated. Worryingly, there has been no such public debate on the substandard buses in operation, endangering the lives of passengers and other road users alike.

Convener of the Road Safety Task Force Dr. Sanjay Perera has, in a recent television interview, told some home truths about the public transport sector and its deficiencies. Besides factors such as overloading and drivers’ fatigue, the poor quality of buses on Sri Lankan roads also contributes to ever increasing road accidents, he has said.

Dr. Perera has pointed out that most buses are not worthy of the name, for they are actually truck chassis fitted with seats; these ‘truck-buses’, as it were, are without any safety features, and, worse, have metal bars for headrests, which could pose a serious risk of neck injuries and spinal cord damage in the event of accidents. No wonder most commuters complain of back pain, neck and shoulder strain, postural problems, etc. These are believed to be the results of frequent travel in boneshakers with poor suspension and cramped seating. Dr. Perera has stressed the need for importing modern buses like the ones in operation on expressways.

Although the state-owned bus service has been drawing a lot of flak of late due to the Kotmale tragedy, the private bus operators are the worst culprits. Dr. Perera has called upon the SLTB and the transport authorities to enforce the laws and regulations already in place to ensure road safety. But the incumbent government apparently lacks a clear vision to develop the SLTB. It is also without the courage to tame the private bus owners, who have risen above the law just like the wealthy rice millers. The bus Mafia has effectively put paid to the government’s efforts to remove unauthorised accessories from private buses.

Successive governments have done very little to standardise the bus service. Their focus has been on fare systems and scheduling, and nothing has been done by way of improving driver training and behaviour and maintenance protocols. Private bus operators therefore are under the impression that they can run their buses the way they want.

The government should seriously consider making it mandatory for all bus workers to wear uniforms besides abiding by laws and regulations governing the transport sector. Enforcing discipline among bus workers will be half the battle in ensuring road safety.

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Editorial

Rides into the jaws of death

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Wednesday 14th May, 2025

It never rains but it pours. Less than 48 hours after Sunday’s tragic accident, where an SLTB bus careened off a winding road and plunged down a precipice near Kotmale, killing 22 passengers and injuring 35 others, a private bus veered off the road, injuring 30 passengers, in Kandy, on Monday night. Thankfully, there were no fatalities. The mishap has been attributed to a brake failure. The Grim Reaper has been in overdrive on Sri Lankan roads.

The police are reported to have appointed a committee headed by SDIG Ajith Rohana to probe Sunday’s fatal accident. It is hoped that the committee members, who are senior police officers, will conduct a thorough investigation, and action will be taken, based on their findings and recommendations, to prevent road accidents.

No sooner had Sunday’s accident had occurred than some SLTB officials claimed that the ill-fated bus had experienced a sudden brake failure while negotiating a bend. But an inspection of the vehicle, or what remains of it, has reportedly revealed that it experienced no mechanical defect. Some media reports have said the driver of the bus had been working for more than 12 hours continuously and was fatigued. The SLTB is overstaffed, and it defies comprehension why its workers have to exert themselves to the point of burnout.

Safety regulations require that heavy vehicle drivers work for only about six hours a day lest they should be fatigued and drowsy. Road safety experts inform us that most road accidents occur due to human error—drivers become either reckless, distracted or fatigued; due to the circadian rhythm, most drivers become drowsy between midnight and 7:00 a.m. and between 2:00 a.m. and 4:00 p.m. This is believed to be the main reason for most crashes on expressways as well as other roads. It has to be addressed as a national priority to prevent crashes and make roads safe.

As for drowsiness or sleep-related road accidents, which have become a significant concern, there is a need for more rest areas along the expressways. Besides, technology provides solutions. There are electronic devices that detect signs of fatigue or distraction of drivers and alert them to prevent accidents. Modern vehicles come fitted with them, and some drowsiness detection systems can be retrofitted to older vehicles to help save lives. Making such technologies available at affordable prices should be part of any road safety programme. Most of all, measures should be adopted to ensure that heavy vehicle drivers are well-rested and sober before getting behind the wheel, and all vehicles must be inspected to ensure their roadworthiness.

Meanwhile, the police should reveal what action they have taken against the NPP activists who parked buses on the Southern Expressway illegally on May Day. A few days prior to that incident, the police had fined the driver of a bus carrying a group of schoolchildren for the same offence, we are told. If the culprits are allowed to get off scot-free because they are NPP supporters, a very bad precedent will be set, and the government’s approval rating will plummet further. Sadly, the culture of impunity, which the present-day leaders promised to do away with, persists.

President Anura Kumara Dissanayake, taking part in a television interview a few days before the recent local government polls said those who were responsible for the expressway incident would have to face legal action. He also said they may have been compelled to stop on the expressway as the rest areas had been full of vehicles. If so, they should have taken the next exit, had lunch and re-entered the expressway. Nothing can be cited in extenuation of the serious offence they committed.

The success of any programme to ensure road safety hinges on the strict enforcement of traffic laws. Impunity undermines public trust and compromises road safety efforts.

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