Nepal

Time: 5:30 pm, Thursday, November 3; Location: Singha Durbar, East Gate, Kathmandu

As dusk fell and passing vehicles started turning on headlights, Astha Subba, 38, walked briskly and hurried home from Singha Durbar, the government complex that houses Nepal's most powerful federal ministries.

The Anamnagar resident probably did so because her six-year-old son and husband waited for her – as they always did. 

Then something unexpected and terrible happened. Just as Astha walked out the Durbar's East Gate and crossed the narrow, busy road, a speeding motorcycle hit her. The impact threw her to the middle of the road, leaving her severely injured and unconscious.

Biker Milan Rana, 24, who was riding at high speed, also fell off the motorcycle and sustained injuries. Within minutes, passers-by and police rushed them to nearby hospitals. Rana survived the crash. But Astha Subba, a section officer at the Ministry of Foreign Affairs, died while undergoing treatment. 

Constable Top Bahadur BK, of Singha Durbar Police Circle, was one of the first responders to the accident scene that evening. "She had sustained injuries in the head and waist," he told Nepalminute.com.

More tragedy

Six days later, there was another tragedy on the road. On Wednesday, November 9, a middle-aged couple was seriously injured when a speeding truck rammed into their scooter at Basundhara on the Ring Road. Bel Bahadur Rana, 47, and his wife Kalpana Rana, 41, were taken to the Tribhuvan University Teaching Hospital. But hours later, both succumbed to their injuries.  

On Sunday, November 13, Ram Babu Kushwaha, 44, was hit by a speeding motorcycle at Thapathali. He died while receiving treatment at the National Trauma Centre. The list goes on. 

Despite the periodic road safety awareness programmes, many people continue to lose their lives on the roads of Kathmandu and other parts of Nepal. 

At least 15 people have lost their lives in accidents on the valley's roads over the past two weeks, according to Kathmandu Valley Traffic Police Office. 

You may wonder how many more lost their lives in road accidents nationwide during that period. Police are not sure just yet, officials say, "as most police personnel have been deployed for the November 20 elections". 

Yet, Nepal's report card on road safety makes for a grim reading: the death toll in 2021/22 was 2,883, up from 2,500 the previous year. As per the latest data, eight people die on Nepal's roads every day. 

And motorcycles have been outdoing all the other vehicles. Nepal Police recorded 19,974 motorcycle accidents in the fiscal year 2021/22, a jump from 17,087 the previous year. 

Nearly 80 per cent of the nearly 3.5 million vehicles registered in the country are two-wheelers. Around 40 percent of the two-wheelers run or race on the valley roads.

Despite the poor road safety record, there are no indications that fewer motorcycles or scooters will hit the streets in the days and months to come. 

Penalty

Days after Astha Subba lost her life, officials at the Ministry of Foreign Affairs held a condolence meeting to mourn her tragic death. But her husband, Sagun Rai, and the little one are still struggling to come to grips with her death. 

The police have initiated legal action against the biker, Rai said. "We have been asked to come to Singha Durbar Police Circle after two weeks. We will go to court with the case. We will respect the court's verdict."

The Motor Vehicles and Transport Management Act 1993 says: "if anyone dies on the spot or within 21 days as a result of any motor vehicle accident without any intention to kill that person, or due to reckless driving, the person driving the vehicle shall be imprisoned for 2-10 years depending upon the gravity of offence." 

Rai stresses strict enforcement of traffic rules to reduce the number of road accidents. Traffic police do run awareness programmes, but more is needed, he said. "If the traffic rules had been followed [by the driver], my wife would not have died. Traffic police's safety campaigns are not enough."

Also Read: Five simple ways to avoid accidents in Nepal
 
Insurance claims 

Article 163 of the Act deals with the Payment of medical expenses, obsequies expenses and compensation. It says: "If any loss or damage is caused to any party by a motor vehicle accident, the following amount shall be paid as medical expenses and compensation by the driver or owner or manager of the motor vehicle to the victim.

In the case of death, Ten Thousand Rupees [Rs 10,000] as obsequies expenses and an amount equivalent to personal accidents insurance to which the third party is entitled pursuant to this Act if no third-party insurance has been procured, as compensation to the deceased next to kin. 

Payment of insurance amount for compensation is to be borne by an insurance company.

SSP Rajendra Prasad Bhatta, spokesperson for the Kathmandu Valley Traffic Police Office, told NepalMinute.com that the government does not have a provision to compensate the next kin of road accident victims. The provision of third-party insurance should be helpful, he said.

The Act says: "In case of injury to the third party, in case of dismemberment, there is a system of compensation ranging from Rs200,000-500,000 depending upon the bodily damages. In case of death of the third party, there is an insurance of Rs 500,000."

Because the traffic police investigation is still ongoing, the deceased Astha Subba's family has yet to receive any insurance. 

Sagun Rai said: "We haven't approached anyone regarding the insurance. No talks have been held so far."

The Act also says, "If such Act is committed with intent to kill that person, the person driving the motor vehicle shall be sentenced to life and his/her entire property be confiscated. 

"If, despite the commission of such an act with intention to kill, the victim survives death, the person driving the motor vehicle shall be sentenced to 5-12 years in prison depending upon the gravity of the offence."

Over speeding kills 

According to the World Health Organization, an increase in average speed is directly related to the likelihood of a crash and the severity of its consequences. For example, every 1 per cent increase in mean speed produces 4 per cent increase in the fatal crash risk and 3 per cent increase in the serious crash risk.

Correct use of helmets is found to reduce fatal injuries by 42 per cent and head injuries by 69 per cent in motorcycle crashes.

Governments need to take action to address road safety holistically, WHO suggests. "This requires involvement from multiple sectors such as transport, police, health, education, and actions that address the safety of roads, vehicles, and road users."

NepalMinute.com could not reach out to the next of kin of the Rana couple who died after the Basundhara accident. But as for Astha Subba's case, her husband Sagun Rai has made himself clear: "No money can ever compensate for the loss of a loved one."  

After all, Rai said with a lump in his throat, "She was a very good human being. She was my best companion and a dotting mother to our son."