by Shubhangi Tambwekar
My grandfather told me the story of the Legend of Banastari when I was a child. The legend goes that Lord Parshuram reclaimed the Konkan region which Goa is a part of , by hurling an arrow (Baan) into the Arabian Sea. The arrow (Baan) landed at a place in Goa which is named BANASTARI.
For ages this place is known for this legend. Till the Sixth of August 2023.
That day, this place took on a whole new name…the place of ‘THE ACCIDENT’ that shook Goa.
I have been thinking about putting my thoughts on paper (virtually) since .
That day, my husband I had returned after visiting a care centre at Ponda. I remember getting onto the bridge and remarking to my husband that the road surface of the bridge was in need of immediate repairs. This was at 2 pm.
It was the next day that the news about the “accident” and loss of three lives and critical injury to three more people came buzzing from various sources. Every Goenkar by now knows the highs and lows of this high profile case involving the members of a well known family from Goa.
There was a total silence from most of my friends and family from Goa on the social media. Very unlike what happened some months back on Zuari bridge. But privately, the Whatsapp groups and individuals were abuzz with news. A few close friends thought that we (my husband and I) should ‘do something’ about it because, after all we run a foundation where Road Safety is a focus. They were not sure of what that ‘something’ meant.
One thing everyone was voicing privately was that the person involved in the incident should be punished but, given the family status and political connections, they would get away with this horrendous crime. But none voiced their fears or opinions aloud except a few villagers belonging to the village of the couple who met their end here.
Please note, that I have used the word “accident” in quotes.
My thought about this word “ accident” has always been this : When we use the word “accident” to describe such incidents it takes away from the seriousness of this life altering incident in the lives of the victims and their families. It implies something which just happened because of nobody’s fault and hence nobody to be blamed. No intent to harm anyone. Thus absolving individuals from moral, emotional and legal responsibility.
Hence people make casual remarks such as “ It was ONLY an accident” “ Accidents happen” …as I have heard the accused lady is alleged to have said to the crowd gathered around. I don’t know how much of this is the truth.
Try telling that to the people who have lost their child, parent, sibling to such horrific deaths..it is so insensitive and inhuman to make little of such a grave happening. And there is nobody better to understand how devastating, life altering, isolating and emotionally destroying this can be. We, my husband and I lost a perfectly healthy , promising , wonderful daughter to one such incident nearly nine years back. She came under the wheels of a truck. Mind you, she was a pillion rider and wearing a helmet. More about that later.
Hence
Point one: Let us stop using the word ‘ accident’ for such incidents.
Most of them are NOT. They occur because of the decisions made by the drivers. One can see statistics available in public domain to clearly see this. Over-speeding, jumping signals, driving under influence and distracted driving together account for over 95 percent of these incidents.
Who makes the decision to over speed ? The driver!
Who makes the decision to jump signal ? The driver!
Who makes a decision to drink and drive? The driver!
Who makes decision to talk on the phone while driving ? The driver!
Why do we then call such incidents as “accident?”
They are committed willfully as nobody is ignorant of these simple and basic rules of driving.
We conduct regular sessions on safety for primary school children and even a child less than 8 years is very much aware of all these rules. They have been incorporated in school curriculum.
So why shouldn’t an adult not heed to these rules?
The reason is simple…they just don’t care. It’s their attitude and disrespect for fellow humans.
They have no fear for the law. As our laws are like an eighty year old with no dentures . We have a failed system where if booked for an incident such as this, they know that the case, IF admitted in court will lay languishing in court for years together .
Point 2 : Can we strictly enforce laws through swift investigation and fair justice?
Why oh why do we NOT do a breath test for every accident (especially in a place like Goa) ? Do any of my readers out there know if there is an SOP for all police personnel on how to conduct an investigation when such an incident happens? Obviously, we have failed miserably here.
Somewhere while doing research for this write up , I came across a statement that the Goa Police has only 29 functional breath analysers. Is the number used optimally and effectively? Is it too small to cover the main spots of Goa? An article available in public domain ( THE GOAN NETWOK dated 24/2/2023) tell us a sad story. That 50% of the available analysers are non functional and a proposal to procure breathe analysers was rejected due to unknown reasons.
It’s almost nine years since we lost our dearest daughter in an “accident” and despite filing multiple RTI , we have NO CLOSURE on how the accident occurred. Ridiculously they have written that since she came under the wheels of a huge truck, that the truck driver had to be punished…well , because he drove the larger vehicle. Just like that.
We hear that the truck driver was arrested and jailed for a week.
The truck was seized . But both the driver and the truck was released.
Despite of being parents and filing RTI, we do NOT know what happened to the case. Lawyers from Vellore kept calling me telling me that I was entitled to a compensation of 19 Lakhs..This would be held by the court they said and given to us.
I have no news about this compensation and it has been almost nine years. We haven’t seen a paisa of it. We refuse to believe that one can put a price on the life of my child’s life.
Let me admit, we haven’t pursued the case either…It is horribly horribly painful for us.
And that, is precisely my point.
The victims of such accidents are in no frame of mind to pursue cases, run after police, put in claims etc etc after the devastation that they face. The onus of a fair, quick and scientific investigation followed by fair dispensation of justice should be the responsibility of the police and judiciary. Imagine ! people have to come on our roads to demand something that is the basic right of every citizen of our country.
Right to live and right to justice.
Insurance policies include a clause to say that if the person or any parties involved in the accident are DRUNK then insurance doesn’t cover them. Insurance claims are also rejected for negligence – eg. if the driver crashed while talking or texting on the phone or overspeeding. In short, if any of the rules of driving have not been followed. The insurance policy does not call out different types of negligence. The cost of policy renewal also goes up when such negligence is established.
The truth is that, in our country lives of the common people are cheap and those with money or muscle power can easily buy even lives. Otherwise, how does a famous personality get away with mowing people sleeping on a footpath ?
Here again we can see how the investigating officer is needed to do a fair and honest investigation without ( political or personal) interference. Do you think it is possible ?
Can the judiciary give a quick and fair decision? Do you think this is possible ?
Let’s hope it is..hum honge Kamyaab….Ek din! ( Whenever that morning dawns on us ! )
Point 3 : Let’s stop blaming tourists and ‘bhayale lok’ for such instances.
The Banastari crash was not due to a tourist.
In October, the car my husband was driving was rammed from behind when it was stationary at the Zuari bridge.We had stopped because of the very common traffic jam that occurs when suddenly the four lanes are squeezed into two lanes at the start of the bridge. The gentleman was a cent percent Goenkar who was looking for his cell phone while his car was in motion not bothering to slow or see the line of cars ahead of him.
He said to us very calmly afterwards“ It is only an accident no? Accidents happen “ So so casual.
As though it was the most natural thing in the world!
At which point I saw my dead daughter lying on the gurney and lost my shit ( don’t mind using the most common term in the current vocabulary ) and screamed at him telling him all about it and crying uncontrollably.
He did foot the bill for repairs of the car. But that is besides the point.
I would like to mention here that the seat belt both of us were wearing protected us because there was definitely a horrible jolt and the rear end of the car was damaged.
This is not to absolve tourists of any wrongdoing. But the enforcements of rules is strict and swift it will apply equally for both tourist and local people.
Point 4 : And hence, dear friends, Let’s look within ourselves.
And do which each one of us can do for sure.
FOLLOW ALL THE RULES…
Yes, on our potholed roads…on our non existent roads.
On roads where buffaloes roam
On roads where there is a bar at every kilometer
On dark roads.
On endless stretches of dug up roads
On arterial roads and highways
On every road..
Let us..please do this.
Let us question ourselves.
How much of self governing we /you do ?
Do you wear a helmet ? Even if it is hot ?
Do you wear seatbelt’s?
How many of you have put seat covers on your back seats and your seat belts are covered AND you have now found one more reason NOT to wear seat belts in your back seats?
I know many of my own friends and relatives don’t wear seat belts…or helmets.
They all love my daughter they say..
She did wear a helmet didn’t she? They say..yet she died..That is supposed to absolve them of the negligence of not wearing one!
I am no one to tell you NOT to drink. It’s your bottle and your liver.
But it could be somebody else’s life.
Please DO NOT DRIVE AFTER YOU DRINK.
Since getting an Uber or Ola is impossible in Goa, ONE family member should stay sober at a party and he/ she should drive. Or have a designated sober driver.
A final word
So here it is …finally something I have been mulling since 6 August.
Talking about these things brings the raw tormenting unresolving pain we feel every single day.
A victim’s point of view. A mother’s point of view. A citizens point of view.
I sincerely hope that there is justice done in not just this case, but every case of a CRASH due to incidents of commission or incidents of omission.
I know I am certainly still waiting for justice for my daughter…after 8 years of her so called ‘ACCIDENT’
References :
Picture and news credit : http://epaper.heraldgoa.in/viewpage.php?edition=oHeraldo&edid=OHERALDO_GOA&date=2023-08-07&pn=1
Alcometers : https://www.thegoan.net/goa-news/govt-rejected-proposal-to-procure-more-alcometers/95660.html
Great Shubhi What an expression , I am speechless , u put it so well
This is like supreme court judgment given by a grieved mother , you deliberated it truthfully and sincerely
Great Shubhi , What an expression, I am speechless, u put it so well ,this is like a supreme court judgment given by a common grieved mother, u deliberated everything so truthfully and sincerely
Carry on ur mission
It is the responsibility of every individual who takes the wheel to steer responsibly and safely. Only unforeseen unavoidable causes beyond the control of the driver could be termed as accidents.
Law, in general needs to expedite the procedures to see that justice is met; for whatever said and done delay in justice would be justice not provided. The pain and trauma involved amongst the members who suffered in and due to the accident cannot be accounted for; but, it may pave a responsible path for others to follow thereon seeing the repercussions irrespective of the social status of those concerned.
You are absolutely spot on in everything you have stated. Pained to know about the tragic loss of your child. You are absolutely correct in saying that acts such as these are NOT ACCIDENTS but they are WILFUL ACTIONS. I believe that when such wilful acts result in deaths of innocent people, they should be legally treated as MURDER. and the perpetrators dealt with accordingly.
Very well summarized. How did u forgot that the RTP official responsible for not cancelling driving license despite 6 repeated driving offenses. He 2 should have been co accused in above accidental murders. In a country like India and state like Goa, severe n quick punishment ( which should be deterrent) is the only way out. I have been traveling for past 27 yrs (panjim – vasco) for my job. Have seen many accidents ( 99% overspending + mobile) . The roads designed by our road contractors never have angle of banking at turns. (Goa university road is an perfect example). Have seen high end cars tun turtles on this strech. My deep sympathy with those who lost lives and their near ones. Our politicians and beuracratts who have power to get things done don’t have will and people like me wish to contribute whole heartedly to save every single life don’t have powers to do so. Finally i will grow old and die ( if survive road accidents) but nothing will change.
Very well articulated.
I hope we see the desired changes soon.
VVVeryi rd
This is money and political connect. Whoever who make such offense will go free if they have money power.Middlel class people with no money and connect will have to go through tough legal battle and also with imprisonment. For this to teach high society people who thinks that they are above law should be taught lesson.The judges are also in hand in gloves with this puppets. Thus people no matter who they are should be kept in k ail for a year or two.
Dear Shubhi and Sanjay. The analysis of the word accident is so deep and true..But what makes me sigh in pain is the fact that goans who were known as law abiding,, caring , honest are sinking in a valley of darkness and muck..Power , multi billions in their accounts, political strings attached to the family will not deter them in. causing accidents. The police force is weak..I don’t forsee any improved management on traffic. May God give you both the fortitude to live with the irreparable loss
Thank you for your words.
Shubhangi Tambwekar, Arundhati foundation
Thank you for highlighting this vicious callousness amongst us that takes away the lives of the young the brightest and the poorest almost always and leaves whole families in despair grief and aches that are irreparable.
Your post resonates at a personal level. I have close family ties in Goa. Your post was forward in our family group by one.
Goans have been protective of their land & culture and ecosystem. But on traffic management, driving and implementation of safety – there is sheer callousness and neglect. The ‘casual … only an accident no… suzegaad.. approach makes me mad too.
Let’s do a change.org move on the issue. Send a petition to the CM Dr.Sawant to award citizens and police healthcare response teams for saving lives; make it mandatory for the bigger pubs and restaurants to offer driver service for inebriated clients; make them culpable for accidents along with the perp; breathalysers to be made mandatory in every pub and restaurant – clients can check before they sit on their vehicle.
Random thoughts but so or one of them are in us in India. Bangalore is strict on drunken driving – breathalysers are used and fines are stringent; people co operate; parties have a ‘stay sober to drive’ policy. Someone does not drink and does the driving.
Public education – the Church, the temples &!the village Panchayats must come together and demand road repairs and traffic signals (that work).
Thanks for writing. It evokes anger sadness and also that we need to do. Our hearts ❤️ go out to you & your family for the loss you suffered 9 years ago.
Hi , we , my husband and I run a foundation. We do a lot of work on the ground. Frankly petitions do not help.
Such things would never have happened in the first place if the Govt was proactive and law enforcement was fair.
Sad state of affairs in our country.
Life especially of the common man is cheap.
Very moved by the write up, it is true and high time to be careful while driving and not to engage in activities which are penalable as motor vehicle act. Also I would like to ask the authority when u take life road tax when avehicle is registered, is it not the responsibility of authority to penalise the concerned dept for providing substandard roads.
But mind you nothing going to change in future too since anguish of fly subsides over days after accident. Fly forgets the pain & looks at monetary benefits. Also supporters diminish over days. & Lastly political instructions to do shoddy investigation.
In India what matters is people’s voice which is much stronger than juciary but if next of kin backtracks, supporters too will.
It becomes very easy for juciary to pass orders.
Sorry ..but we haven’t forgotten our pain.
Not a single day goes by when I don’t cry for my daughter.
I guess it depends on the people involved and their relationship with the life lost in such crashes
Every incident in our life is nothing but what we call it DESTINY..Where we don’t know what is going to happen with us tomorrow..
What we will say to those who die with heart attack.
Who will blame and to whom?
Secondly if any person is walking side if the road and suddenly vehicle dashes him and he gets killed..
Neither the person or the driver doesn’t know about the future what is going to happen while driving..
Recently I came across a situation, I took my wife fora medical treatment to Chandgad via Tiwari Ghat with our family friend and I return back by 6 pm to Curchorem. While returning after dropping them at their home suddenly a car came and dashed side way to my front end of my car..
Now just think on this part, I travelled about 270km distance from Goa to Chandgad and driven so safely up to my destination and met with an accident..
What should I say on this?
One cannot compare a health emergency to an act of negligence. It is precisely because of this ‘ destiny” blaming attitude of all of us that acceptances of willful mistakes are allowed to slide.
I will never condone driving under influence who ever does it.
I totally agree with you. At times, I feel sick when I see the way we drive in Goa. Licenses are possibly dished out without appropriate testing. An Indian driver in UK takes on an average 5 to 6 tests before the license is cleared. If this is the state of a well practised deriver, I wonder what would be the position of a licensed driver with couple of years experience.
Our systems are lax. People donot understand lane driving, using phone while driving( even two wheelers) is common. There are no speed limits for such drivers & in short there is chaos on the roads. One has to save oneself & pray to Lord to allow us to get back home safe if you dare to go out.
I agree these are crashes & both police & justice system need to wake up for timely action.. as parents we also have equal responsibility to ensure that no vehicle is allowed to be given to our children till they are of appropriate age, have license with adequate experience & are responsible enough to understand that they are on the road with the responsibility of other road users life & their own.
No one should get out of their homes for a drink – party or otherwise unless alternative arrangements are made to get back home.in that state. Adequate policing with proper equipment should be the order of the day & strict punitive punishments must be authorised to make an example of defaulters.
One last point, all license holders must be fully conversant of rules of the road including who has the right of way either on a crossing or a round about and appropriate parking discipline must be enforced.
Let us live our lives rather than lose them on a regular basis.
Thank you for your thoughts Sir.
In this Banastari case the Last Sentence in point Number 4
(ONE family member should stay sober at a party and he/ she should drive. Or have a designated sober driver.)
Is more valid
The Person owning a car worth 90lacs
Sending 20 k on liquor in a party.
Can easily efford a driver for Rs 900/- per day
None of us can and will be able to do justice in empathizing with you or Sanjaybab! However, the work you two do in the field of trying to reduce road fatalities is immense and highly appreciative. The points you have raised here are definitely important and worthy of giving a thought, and I assure, I will!
I sincerely agree that all “accidents” are “not accidents”, but deliberate and educated lapses tragically created with prior knowledge of fatal repercussions. My fear covers people/ dtivers/ riders, talking on mobile, whilst driving; having an intoxicant (liquor/ medicines/ drugs/ etc) prior to sitting behind the wheel; over-speeding; rash overtaking; zigzagging across lanes, alliwing underaged/ unlicensed persons to drive (tiday an elderly lady pedestrian was killed by a passenger bus, driven by an unlicensed driver), etc.
I will not blame the Government, Police or whosoever in the administration about road fatalities. Road safety lies in our hands … and until we realize it ourselves, that it is us who can save ourselves by following road ettiquettes, it will be futile to seek justice or reduce/ stop road fatalities!
I will do my best in making aware about this issue and taking other issues to authorities. Many of them listen and act, if told properly, but manu themselves have been appointed improperly. Sad they have to be weeded out, if we want a change! Let us try together for a solution!
Thank you Sanjeev