Legal Aid Commission

Motor accidents and damages

The increasing number of motor accidents are a dominant occurrence in our daily lives. It is the frequency of accidents that has made them a “trivial fact” of urban life and left this burning issue gravely under addressed and neglected. Perhaps many of us are unaware that criminal negligence has become the number one killer in Sri Lanka today. While the number of fatalities have ceased in the war front, the highway death and injury toll continues to tick over.

According to Traffic Police statistics,out of a total number of 42,191 accidents reported in 2011, 2,506 were fatal. They also reveal that motorcycles, lorries and private buses have caused the majority of them.

The Traffic Police states that the majority of deaths were caused to pedestrians; total of 2,697 were killed last year. The statistics are on the rise with the increase in motor vehicle imports and the improvement in the road network.

Medical care for accident victims, damage to property and vehicles involved in road accidents annually estimated by authorities to have cost US $ 105 million to the government; nearly 1 percent of the GDP.Thus it is now emerging as a national health issue. These facts are testimony to the lacunae in traffic management methods and law enforcement in the country. The time is ripe for sufficient attention to be given to the issue by relevant management authorities and the public.

The Traffic Police identified reckless driving, negligence, indiscipline, ignorance and driving under the influence of liquor and violating traffic rules as the main reasons for accidents on roads.

They have launched several awareness programs among drivers and schoolchildren to promote road safety. It has also deployed traffic patrols from time to time to detect road violence. However, these measures have proved ineffective and inadequate.Stringent laws are required to deter people from becoming reckless on roads.

Legal provisions

The Traffic Police have been given the legal power to arrest drivers for certain road offences ,such as, forged licenses and national identity cards, driving without number plates and driving under the influence of liquor under the Motor Traffic Act No. 08 of 2009 (amendment).However drivers responsible for fatal accidents tend to be dealt with leniently. Drunk drivers are usually being fined about Rs.1500 and prosecutions are rare.

According to Section 272 of the Penal Code, the punishment prescribed for endangering life or causing hurt or injury by rash and negligent driving is a term of imprisonment which may extend to six months or fine.

Many activists have pressed for a longer term of imprisonment for criminally negligent driving to offer some form of a deterrent. The Law Commission of India has recommended a 10 year term of imprisonment for deaths caused by rash and negligent drivers. The Sri Lankan Law should also be developed along the same lines.

In Sri Lanka, drivers are allowed to take the wheel even after being involved in a fatal accident. It is suggested that the driving license of such persons be withheld for a considerable period of time as punishment.

Insurance companies are a major actor in litigation of this nature. In most instances aggrieved parties fail to dialup with the Insurance companies as defendants, resulting in victims failing to obtain adequate compensation from the defendants. In addition to the above issues, the grounds of eligibility for compensation meant for aggrieved parties should also be expanded.

Supporting victims of criminal negligence

The majority of victims of road accidents are underprivileged persons who are incapable of approaching the Justice system. Furthermore, they are unable to afford expert evidence from medical personnel required in cases of this nature. The Legal Aid Commission has introduced a special unit, whereby aggrieved parties who are unable to press for legal action due to financial difficulties, can obtain legal advice and representation in such litigation free of charge. Victims Protection Bill before Parliament would assist the projected preventive measures of the LAC.

With the law in place, Sri Lanka also requires new technology like speed-cameras and video systems to control traffic. Installing Close Circuit Television cameras (CCTV) in junctions and other places is one of the vital tools that can be used to control speeding and ignoring signal lights. The police is keen on taking action to install the CCTV cameras on traffic lights in the city. How successful the implementation process will be, only time can tell.

The government has allocated more funds to improve infrastructure to make roads more conducive and safe for both pedestrians and motorists. Adequate street lighting, pedestrian crossings, overhead road crossings, guarded railway crossings, are essential in this regard.

The Legal Aid Commission at present handles over 1,200 accident victims islandwide. As the majority of accident victims are poor pedestrians or cyclists, the LAC has set up a special accident claim unit to provide advice and support litigation.

The contact details are:

Ms. Damayanthi Dissanayake AAL
Chief Legal Officer – Colombo Tel : 0115646550

Ms. F. Madheeha Mawoon AAL 20
Legal Officer – Colombo 9 Tel : 0112433618

-S.S.Wijeratne

[Questions and Answers]

Institutions in Sri Lanka which assist disabled persons

Question: I am an elderly disabled person 76 years of age. I read your Legal Aid Page published every Friday with keen interest as some of the questions raised are relating to disabled persons. I would therefore like to know some of the Institutions in Sri Lanka which provides security and assistance to disabled persons. Your kind reply would be greatly appreciated.

P.J.Gomesz
Delgoda

Answer: Thank you for the interest shown in reading our Legal Aid Page. The following Institutions in Sri Lanka assist disabled persons to solve their problems, to safeguard them and protect their rights:-

1.The Ministry of Social Services and Social Welfare

Sethsiripaya, Battaramulla
Telefax No.011-2863416
Social Security Board
1.50A, L.H.P.Building
Nawala Road
Nugegoda

Tel.011-2823614/2852947
Fax 011-2823667

2.Pensions Department
Maligawatte
Colombo 10

Tel.011-2332346
Fax 011-2432214

3.All Divisional Secretariat Offices

4.Police, Children and Women’s Bureau.

Police Headquarters
Colombo 1
Tel.011-2444444

5.The Legal Aid Commission of Sri Lanka

Elders Unit
129, Hulftsdorp Street
High Court Complex
Colombo 12.

Tel.Nio.2433618.

Employees’ Provident Fund

Question: I have failed to pay the Employees’ Provident Fund Payment on the Due date?

Is there any surcharges to be paid?

Godakubura
Kurunegala

Answer:

1.You will be liable for the payment of surcharge ranging from 5% to 50% for late payments.

Delay from day 01 to day 10 5%
Delay from day 10 to 01 month 15%
Delay from 01 month to 03 months 20%
Delay from 03 months to 06 months 30%
Delay from 06 months to 12 months 40%
Delay over 12 months 50%

2. The 8 % deductable from the employee’s salary will also have to be met by the employer himself.

3. Payment of large amounts as arrears in one installment may lead to liquidity problems.

4. May result in involvement in legal battles.

5. The goodwill between employer and employee will erode

6.Will suffer loss of reputation

7.Could cause an imminent danger of even losing the property of the employer

EPF

Question : How can an employee receive the certificate membership under the EPF ?

Chamara
Kandy

Answer: An employee must be registered in the provident fund within 14 days of joining. For this purpose, a set of forms, “A”, “B”, and “H” could be obtained free of charge from the labour office located in the vicinity. On perfection of the set of forms, based on the personal information obtained from the employee, it must be duly certified and forwarded to the labour office situated close to his establishment.

The employee will be registered as a member by the labour office and the certificate “B” will be forwarded to the employer. The “B” card (Employee membership card) must be handed over to the employee.

In perfecting forms “A”, “B” and “H” employer is requested to examine the birth certificate of the employee, his national identity card and birth and marriage certificates of the family members and also obtain a clear impression of fingerprints of the employee. This procedure will enable the employee to face no difficulty at the time of obtaining refund of benefits of his contributions.

Passport for elderly person

Question: My grandmother has misplaced her Birth Certificate. Can I get a copy of her Birth Certificate? If not, is there any other way to process her Passport without the Birth Certificate.

Botheju
Hanwella

Answer: Your grandmother could obtain a certified copy of her Birth Certificate from the Additional District Registrar at the Divisional Secretariat Office, relevant to the place of birth.

The fee for obtaining certified copies of Birth Certificate -

(i) If the registered number and the date of birth is known – Rs.25

(ii) If the registered number is not known, but the date of birth is known, for 3 month search of registry – Rs.50

(iii) If you know only the year of birth, for two year search of registry – Rs.100

The Department of Immigration and Emigration has introduced a new scheme for elders to process passports without Birth Certificates. Since your grandmother is also an elderly person, she too can obtain her Passport under the said category. However she has to prove her identity by submitting the necessary documents.

EPF refund

Question : Obtaining EPF refund on behalf of deceased member

Dammika
Chilaw

Answer : If the deceased member has made a valid nomination, the nominee has a right for the benefits.

If the deceased member has not made a valid nomination, under law of inheritance, the legal heirs could request for refund of benefits.

Each of heirs claiming refund of benefits of the deceased member should perfect form “L” certified by the employer under whom the deceased was last employed together with the under mentioned documents with a request to the Commissioner of Labour.

1. The death certificate of the deceased member

2. IF the wife is applying the marriage certificate

3. Birth certificates of children

4. Birth certificate of the deceased member when parents apply

5. In case of minors, details of the guardian in L3 form (A letter addressed to Commissioner of Labour through the Grama Sevaka and District Secretary certifying the name of the guardian, minor children’s names and their ages)

6.Personal data details of the deceased member in form L2 certified by the Grama Sevaka and the District Secretary.

Illegal use of passport

Question: I gave my passport to a person who is running an agency to seek foreign employment. But this person is keeping my Passport in his custody without taking any action for more than one year. I requested him to return my Passport but he refused to do so. Finally I was able to get my Passport by making a complaint to the police. I now have a suspicion that he may use my Passport to send a person illegally to a foreign country. Is there any facility to check this matter. Please advice me.

Samarawikra, Sent by email

Answer: If you have a doubt regarding your Passport, it is advisable to check it with the Department of Immigration and Emigration. The address is given below:-

The Department of Immigration and Emigration,

No.41, Ananda Rajakaruna Mawatha,
Colombo 10,
Sri Lanka

Pension for son who is paralised and mentally handicapped

Question : Please be kind enough to let me know through the Daily News as to how I could get a reasonable pension for my son who is about 20 years of age and who is totally paralyzed and mentally handicapped. He is unable to do anything and everything has to be done by his mother or someone. Even when he goes to the toilet someone has to wash and clean.

Your kind reply is very much appreciated.

J.Fernando
Kandy

Answer: According to your question, you have never mentioned that you are a Government pensioner or not.

If you are already a Government pensioner, under the W&OP Act, your disabled child can get disabled pension during his life time.

If you are not a government pensioner and you want to get pension for your child, you can apply for a new pension scheme introduced by the Social Security Board. They have a special pension called “Samaka Diriya” .

You have to send a request letter together with a photocopy of your Birth Certificate and National Identity Card to the following address:-

Social Security Board Samaka Diriya Pension Scheme

LHP Building
Nawala Road
Nugegoda.

Thereafter the Board will allow you to open a new pension scheme for your disabled child.

Passport

Question: I have lost my passport. What should I do ?

Hirantha
sent by email

Answer: If your passport has been lost or stolen you should immediately report it to the nearest Police Station and forward a copy of the police report to the Controller General of Immigration & Emigration. If applying for a fresh passport, this police report must be submitted along with the application

Fine for loss of a valid passport

(M series passports are considered valid for 10 years from the date of issue)A fine of Rs. 10,000.00 will be imposed

Government Analyst’s Department

Question: Please let me know the following

(a) Can the Private parties obtain an expert opinion about question documents from the Government Analyst's Department,

(b) The address of the Government Analyst's Department .

Dayawathi
Dompe

Answer: Private parties can obtain an expert opinion from the Government Analyst's Department, Forensic Division. Under this division there is separate section called “The Forensic Questioned Document Section”.

Private parties can forward their documents to the Examiner of Questioned Documents through a lawyer.

The Forensic Questioned Document Section receives cases for examination and report from Courts of Law, Police, Labor Tribunals other Government Departments, and Statutory institutions and also from private sector.

Activities of Forensic Questioned Document Section

Examination of all types of forensic documents.

Identification of handwriting and signatures, detection of forgery.

Examination of type scripts, type writer, printed matter, stamp impressions.

Decipherment of alterations, erasures, obliterations, additions and substitutions etc.

Examination of travel documents

Examination of Sequence of strokes.

Physical examination of ink and paper and adhesive materials.

Examination of charred and mutilated documents.

Investigation of Matters relating to the age of the documents.

Examination of counterfeit currency

Examination of Lottery Tickets

Any query regarding a document as to its genuineness or otherwise.

Examination of built-up/ fabricated documents.

Examination of revenue stamps, postal stamps and any document relative to revenue

Examination of Xerox copies and identification of photocopy machines.

Give Expert Evidence in the Courts of Law.

(b) Government Analyst's DepartmentIndependence Square, Colombo 7 Tel. No. 11-2694786E-mail: [email protected]

Birth registration certificate

Question: My birth was not registered. Please advice me as to how I could obtain a birth certificate which will help me to get my NIC also. Your kind assistance will help me a lot for my future.

Jayakody
Colombo

Answer: According to your question, you can register your birth. It is a legal requirement to register your birth. If you have evidence to prove your name , date of birth and your residence you can register your birth.One of the following documents which includes the date and place of birth of the subject (the person concerned)

a. Hospital birth report or a certified copy of it.
b Grama Niladhari report or a certified copy of it.
c. Estate birth report or a certified copy of it.
d. A copy of the midwife register of births.

In the absence of the documents stated in above (1), one of the following documents may be acceptable.

a. Horoscope or the record of the time of the birth which has been prepared on a proximate date after the date, on which the birth occurred.
b.Health Progress Card.
c.Certificate of baptism.
d.A certified copy of the admission register of the subject’s admission to the school for the first time.
e.Students Record Sheet.
f. letters from the homes
g. affidavits

If none of these documents could be forwarded, a declaration containing birth particulars and an affidavit from the declarant as per the specimen in annexe 01 hereof should be produced. The application should be made in the declaration form of Registration B 6

Stamps for the declaration

Within twelve months from the occurrence of the birth - Rs 1.00

After lapse of over 12 months from the occurrence of the birth - Rs. 5.00

If you do not have any of the above documents, you can apply for a probable age certificate. If you need any assistance in this regard, please call over at our head office situated at No.129, Hulftsdorp Street, High Court Complex, Colombo12..