Road accident victims die because nobody helps them due to fear of being falsely accused: Kerala High Court

The Kerala High Court recently observed that many innocent people lose their lives in road accidents after lying unattended for hours because people don't attempt to help them due to the fear of being falsely accused of causing the accident [Marykutty Kurian & Anr. v Babu Joseph & Anr.]..Justice Sophy Thomas made the observation in a case wherein it was found that an autorickshaw driver who took a road accident victim to the hospital was charged with causing his death.The Court opined that such incidents only discourage potential good samaritans from helping those in emergent need.“Innocent victims of road traffic accidents had lost their lives lying unattended for hours together with bleeding injuries, as nobody may extend a helping hand due to fear of false accusation (sic),” the Court stated in its judgment..The Court was considering an appeal filed by the mother and wife of one Alexander Kurian challenging the order of the Motor Accidents Claims Tribunal (MACT) dismissing the compensation claim on his death.According to the appellants, when Kurian was riding his motorcycle, an autorickshaw driver who was allegedly driving in a rash and negligent manner, dashed against his motorcycle causing fatal injuries to him.They alleged that he passed away on his way to another hospital from the first hospital he was admitted in since his condition was bad..The court after going through the statements, First Information Statement (FIS) and other records found out that the deceased lost control of his motorbike and skidded and there was no collision between the autorickshaw and the motorcycle as alleged.In fact, the autorickshaw driver had taken Kurian to the hospital, the Court noted. The Court said that the autorickshaw driver had every reason to be aggrieved by the incident and subsequent developments, since he, while being a good samaritan, was made an accused in a criminal case for causing the death of the person he was trying to help."True, it was unfortunate that a young man lost his life in a road traffic accident by falling down from his bike. It will be equally unfortunate, if an innocent person, who tried to help the injured by taking him to hospital in his autorickshaw, was made an accused in a criminal case,” the Court said..The Court, therefore, proceeded to dismiss the appeal confirming the order of the MACT..[Read Judgment]