How will court-ordered compensation work under Road Transport Act amendments?

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Court-Ordered Compensation for Road Accident Victims Under Proposed Road Transport Act Amendments

The Malaysian Cabinet has in principle agreed to introduce court-ordered compensation for road accident victims as part of proposed amendments to the Road Transport Act 1987. This mechanism aims to ensure offenders are held accountable for the impact of their actions on victims and their families, supplementing existing penalties. The compensation amount will be determined by the courts on a case-by-case basis, considering various factors, and will not preclude victims' rights to pursue insurance claims or civil action.
Judicial Determination of Compensation Amounts

Under the proposed amendments, compensation will not be automatically fixed or administratively determined. Instead, the courts will have the discretion to decide the quantum of compensation. This decision will be based on a thorough examination of the facts and merits of each individual case.
Factors Influencing Compensation Decisions

When determining compensation, courts will take into account several key factors. These include the seriousness of the road traffic offence committed by the offender, the extent of injuries sustained by the victim or whether there was a loss of life. Additionally, the courts will assess the overall losses suffered by the victims or their next of kin, as well as the offender's financial capacity to pay the awarded compensation.
Preservation of Existing Victim Rights

The introduction of court-ordered compensation is intended to be an additional layer of accountability and redress. It will not diminish or affect the existing rights of victims or their families. Specifically, victims and their families will retain their right to make claims through their respective insurance policies or to pursue civil legal action through the established channels.
Strengthening of Demerit Points System

In conjunction with the compensation proposal, the amendments also aim to enhance the Road Traffic Offence Demerit Points System, known as Kejara. The objective is to improve the identification of high-risk drivers and individuals who repeatedly commit traffic offences, thereby contributing to overall road safety.

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How will court-ordered compensation work under Road Transport Act amendments?

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