III ^l RI'- ^ l ^t l^) ^^.^t ^31 ^ ^iA.i ^!^ ^ ^ ^ COURT OF CHHATTISGARH AT BILASPUR O^ee Hefereaaee yeeaa'diaae R@ad_A,ceid.@n.ts W.P.No. 1025/2002 W.P.No. 1027/2002 W.P.No. 1029/2002 Present: HONSLE SHRI JUSTICE FAKHRUDDIN Dr. Nu'inal Shukla, Addifional Advocate General, Shri • Sanjay K. Agrawal, Deputy Advocate General aiid Shri P.S.Koshy, Govt. Advocate for the State. Shri A.S<Galiarwal, Sr. Staiiding Counsel with Shri V.V.S.MLU'ty, Standing Counsel for Union of India. Sarva Sliri Vivek Tankha, Senior Advocate, Prashant Jayaswal, Manindra Shrivastava and Ms, Sangeeta Mishra^ Advocates appears as Amicus Curiae. ORDER (29.05.2002) This is s^ ofllce reference. The matter relates to the death& occurred ui frequent road accidents^ highllghted by various newspapers. W.P. No. 1025/2002 has been registered in view of the matter published in EngUsh Daily dated 17.5.2002. Similaj'Lv. r 2 W-.P.No. 1027/2002 and 1029/2002 have been registered in view ofthe Hiatter published in Htndi Dmly Nav Bharat dated 15.5.2002 and Hari Bhoomi dated 17.7.2002 and Bhastea^. pTactically all the newspapers of Hindi and English being published - and clrcula^ed- have highlighted the deaths occurring in frequent road accidents. Certain newspapers have nientioned iii their columns expressing their deep concern, All these have been registered separately. It is reported that the increasing tncidents of road mishaps resulting in cutting short people!'s lives shoi-Ud be a matter of serious concem for Chhattisgarh adrainistration, Soine newspapers have coine fonvard with certain suggestions. It is generally contended in the articles/coluinns of newspapers that because of lack of mass awakening and poor implementation of traffic rules and regulation the uicidents frequentlyoccur. Itis also iinperative for tlie authorities to thtnk of creating awareuess aniong villagers about the dangers and risk of availing services of the illegal mini-bus or tractor operators. There is also need to come down heavily on driving in an inebriated condition. 2. It is a socio-legal problem. Compliance of Motor Vehicles Act aiid rules is saust in proper perspective by the public at large as weU as ttie adminlstratlon. State r .^- is always obliged to ensure the coinpliance of Motor Vehicles Act and traffic rules by the public as weU as its offlcials. Soiiie suggestions regarding less possibility of accidents i.e. establlshment of Transport Nagar and Riiig Road have been made. Over loadmg in Jeeps, Muii-buses, M:axi-Cab, taxies is a regular phenomenon and it is not being controlled by the authorities. In this connection, BilaspLir city has also been highlighted about. these accidents occurred within two weeks tn which many persons have diecl. These newspapers have also highlighted the high speed within the municipal area, and soine nieasures are required to be adopted to control high speed. 3. The English Daily Tlitawada3 in its publication dated 17.5.2002 highlighted that 11 people died and 14 others were seriously injured when a loaded tractor with niarriage party fell iu a canal near village Gatora under Masturi jurisdiction and in its editorial column it has been stated that experience shows that such accidents take place usually at tlie time when the marriage season is at its peak. People not able to hire an authorized goveniment undertaking bus or aiiother vehicle, operating with- necessary pemiits, tum to the clandestine road transport operators, plying vehicles in ^otal disrespect of the prescribed rules and regulations ,Sy lli' and the reason behind it not far to seek, As iiiany as fifteen lives were lost in two separate road accidents occurnng in the BUaspur and Durg districts in less than 24 hoiirs. It is pointed out that the moot question, however, is why tn the first place, such illegal operations are allowed in the rural segnients by the administration. Reports also indicate that these illegal operators continue to flcece the traveling public in mishaps stands testimony to this. Unless the authorities decide to crack down on all illegal operators aad deal with theia sternly, there is every possibility of niany inore fatal inishaps taking place* Efforts niust be niade to prevent all illegal road transport operations. It is also reported that sqmetimes, due to accidents law and order problem arises and the cases are registered as it happened in Kota (BUaspur) accident where a young lawyer died as a result of accident and it has invited wrath of local people and ultimately the furious mob adopted agitational approach causing damage to the public property. 4. This Court has considered the matter as great social menace and challenge on socio-legal problem. . It inay be worthwhUe to mention the theory of Sociologist advocating that going beyond conventional wisdom, punishnient or enforcenient of law has to be judged with the abolishment of crmie in society. Law is not functional because it checks cruzie, Law is fLuictional rather because it ensures that the offence com.m.itted by the offender is inflicting injur^7 on collective consciousness. Sometime collective consciousness stand confused, tensed and worried demanding strict euforceinent of law. It is this collective consciousness, which has got to be awakened by all those who desire to curb this menace. The mob frenzy is equally hazardous and though it is acknowledged in section 134 of Motor Vehicle Act 1988 by the Parliainent but drastic actions and inipleinentation is required if the saine is to be checked. Whenever aa accident occurs the collective consciousness staiids confused, tensed and worried and demaads enforcement of law, as is apparent from day to day happenings reported and highlighted by newspapers. This has taken serious turn and it is high time to coiinter the harsh consequences. The nuinber of deaths occurring in accidents auad thereafter its aftermath by mob frenzy or othenvise reUects the low level of preparedness both by police administration and the respective Goveniments. It is not a local phenomenon but as the newspapers are highlighting it is spread practicaUy in all states aad the scale inwhich 4ivcs are snatched^ injuries sustained and thereafter 6 <'\ public property destroyed, requires serious consideration by the Governinents both Central and State as weU as public service organizations. The degree of the calamity calls for extraordinary preparation and response similai' to that of maiiagmg to the national disast.er. Public awareness is the need ofthehour. The elementary precaution by not only the knowledge but also practice of Rules and Regiilations of driving is required. Ignorance of Rules and Regulations is the main cause, There is urgent need for the Govt. to go on a pro-active overdrive vigorous awakeness cainpaign aiid educating children and adult both that may bring niajor change. A sustained programrsie ainied at educating the pubUc on the iraportance of the matter is crucial, given the rapidity with which the accidents occurred. There are long-term issues that have to be addressed by the Govt. proper planning and implementations deserve the highest consideration of the authorities. It has to be reraenibered that it is uot the natural calamity Uke earthquakes or flood but is man made and mostly due to want of care & caution, rashness and negligence. It can be cured by effective public response and coraprehensive action plan to be charted out by the State functionaries both at the .Central and the State level. 5. Shri Vivek Tankha, learned senior counsel present in Court submitted that road accidents Uke these are Diatters of serious concern. He addressed the Court and submitted that so far as the matters regarding regulation of the traffic in city ofJabalpur is concerned, 8 points regarduig traffic have been chalked out to avoid accidents in cities may be avoided. Shri Tankha undertakes to forward it and supply to the State counsel. Let that be done. The State Counsel Shri Sanjay K. Agrawal, Dy. A.G. shall obtain the copy froni Shri Tankha, and after exaiiiiuuig tlieni, the State niay suitably tf desire adopt the sanie as has been done in Madhya Pradesh* 6, Shri Prashant Jayaswal, Shri Manindra Shrivastava and Ms. Sangeeta Mishra appearmg as amicus curiae also addressed the court. They have shown great concern. They further subniitted that so far as city of BUaspur is concemed there is haphazard trafflc flow on the inain roads & junctions and the movement of vehicles is at random due to lack of proper control. It is submitted that mandatory signs, cautionary signs and informatory signs stipulated in Motor Vehicles Act 1988 are not marked wherever necessar^7 and the traffic light signals are not there in the city of Bilaspur. Parking of the two wheelers in front 8 of the shops and establishments which occupy beyond the roadsides also causes great impedunents in free flow of traffic. It is atso pointed out that as a part of overloading, the Bus operators stop their vehicles every now and then on the road to pick up tlie passengers without. foUowing rules which results in stagnation of vehicles along the road causing accideuts and there is uo control, It is subniitted that the incidents of road accidents can effectively be avoided, if the traffic is controlled properly and the rules are followed by the public in proper perspective manner. Similar situations are prevalent in Raipur, Durg, Bhilai, Korba and other towns ofthe State. It is emphasized fhat certain policy should be adopted regarding grant of driving licenses and special care has to be taken that the riders/users of the vehicles are granted Ucences strictly in accordance with rules. If requu-ed there should be proper verification, 7. It is submitted that the vehicles are not properly maintamed. The tractor trolleys carrying passengers of inarriage parties also do not have proper accessories and light fittmgs and as a result of which, accidents occur. The drwers, some times, are intoxicated. In this connection, proper checking ofvehicles is required. The motor cycle/Scooter has the capacity of two persons -^.%^^ 9 ^ and sonietunes the entire faraily is found on one motorcycle or scooter, Growing number of road mishaps are Diatter of serious concern. 8. Each vehicle of four wheelers should have first aid box. The drivers are to be conscious of rash aiid negligent driviug, which not only takes away the life of other persons^ but it risks their own life also. Overloading in the cabin of the driver whether it is goods vehicle or passenger vehicle should be avoided. In view of the accidents arise out of accelerated speed the hospitals both at prmiary and district level have to be equipped for such eniergency cases as precaution. 9. People shoiild be got acquainted with rules of driving, trafflc etc. It is.for the State to infuse in the minds of public that the rules & regulations are framed for the safety of public aiid to prevent the accidents. Widespread cainpaign inay be initiated through the media and cinemas for mass awakentng. State niay also take such steps for exhibition of slides aiid films which are warranted. 10. The health depai'tment has to take care of providuig forthwith inedical treatment to the injured in view of Section 134(a) of Motor Vehicles Act 1988. Post accidental reliefs are necessarily required to be undertaken. i.e. admitting the injured to the hospitals 10 ® pWNNBNC for immediate treatment, information to the Police, reaching of police at the spot and in case of death, preparation of panchnaina^ taking out Photograph depicting the scene of incident, commiinication to the family members and relatives aiid providence of forthwith niedical treatnient in hospitals. Where as a result of accidents, people loose their limbs, State shall render assistance syinpathetically by fitting artiflcial limbs, rehabUitation process including matters of accidents claims, distribution of immediate exgratia payment, payment of no fault liability and lodging of claiins, post accidental cases^ niedical and legal aid are required. 11. In this connection, it.is very pertinent to refer to clause (a) section 134 ofMotor Vehicles Act, 1988 which reads as under: ^Sec.134. Duty of driver iu case of accident and injury to a person._ When any person is injured or any property of a third party is damaged, as a result of an accideut in which a niotor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall_ (a) Unless it is not practicable to do so on accomit of mob fury or aiiy other reason beyond his control, take all reasonable steps to secure niedical attention for the injured person [by conveying tiim to the nearest raedical practitioner or hospital and it shall be the duty of ever^r registered medical practitioner or the doctor on duty in the hospital unniediately to attend to the 11 injured person and render medical aid or treatment without waituig for any procedural fornialities] unless the injured person or his guai'dian, in case he is a ininor, desires othen^7ise;?? A perusal of Sec.134 of the Act shows that the driver is also obliged to take all reasonable steps to secure medical attention for the uijured person-esseept 12. Legal Aid Officers are also functioning in District.s as well as in sorae tehsil areas. They may be entrusted with the job of ininiediate legal assistance. Where the persons are not able to engage lawyers, the legal aid officers can do their best. It is for the District Magistrate, District Judge and C,J,M, to chalk out the scheme. 13. The mass awakening is required among the people to get the vehicle insured. The Life Insurance Corporation has already introduced certain scheraes for covering the life risks arise out ofaccidents< Medi-claini policy is also there to provide medlcal treatment. The Insurance Companies may also be motivated by the State and center. The State and Central Govt. may also consider the d^sirability of furnishuig the requu'ed insurance and registration particulars of the following 12 d? '* '•••\, on the body of each vehicle carrying passengers such as Buses/iniai-busses and trucks: i) Regn. No. of the vehicle and the type of vehicle. ii) NaBie and address of the insurance company with which the vehicle is insured aiid the particulars of the Divisional Officer of the said Insurance Coiupany. iii) Nuniber of Insuraiice Policy/Insuraiice certificate and the date of validity of the insurance policy/insurance certificate. Period of insurance. iv) Registration particulars of the vehicle (class of vehicles) a. Regn. No. b. Engine no. c. Chasisno. v. Driving Ucence particulars: a. Name & address of the driver. b. Driving licence nmnber and date of expuy. c. Address of the issuing authorifry. d. Badge no. in case public service vehicle. 14. It is relevant here to reproduce the relevant portion ofsynopsis 6 regarding statement ofobjects and reasons of the Motor Vehicles (Amendment) Act, 1982 (Act 7 of 1982) which is as under. <(There has been rapid development of road transport durmg the past few years and a large increase in the nuniber of motor vehicles on the road. The 13 incidents of road accidents by motor vehicles has reached serious proportions. During the last 3 years, the number of road accidents per yeai' on the average has been around 1.45 lakhs and of these the number of fatal accidents has been around 20000 per year. The victmis of these accidents are generally pedestrians belonging to the less affluent sections of society/? "The Law Conamission of Indla, in its fifty first report on Compensation for Injuries caused by Automobiles in hit and run cases has made certain suggestion with respect to hit and run cases."1 15. The Central Government may inake the rules for the purpose of licensing and regulating, by the State Governinents, schools or establishments (by whatever name called) for; imparting instruction m. driving of inotor vehicles and niatters connccted thcrcwith^ Establishment of driving schools duly reglstered is also one of the requirements. The authorities concerned may also consider the desirability of^o^|,establishingC^^T.WiV^ schools because ui absence of these establishraents, the children as weU as adults try to learn on groLinds and roads. Therefore, proper schools have to be established. Let there be Govt. aided and supervised Driving Schools. The driving may be prescribed as one of the ^^.I.T.I. Institutions. 14 .^;v-, 16. A general course may be introduced in schools and coUeges to iinpart the students about the traffic rules and the Motor Vehicles Act along with Physical Education Tralntng. The State m.ay avail of the voluntary service of the students of Scouts, NCC by giving thera proper trauiuig through concerned departnieut and they xnay be rewarded by issuing Certificates. 17. It is more pertinent to refer to the provisions of sections aiid rules contained in Motor Vehicles Act 1988 in order to curtall the road accidents. Chapter XIII of the Motor Vehicles Act, 1988 deals with offences, penalties and procedures. 18. Section 177 is relevant here to reproduce which reads as under: 177. (ieneral Provision for punishment of offences.- Whoever contravenes any provision of this Act or of any rule, regulation or notification made there under shaU, tf no penalty is provided for the offence be punishable for the flrst offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees. 20. Taking vehicle without authority is punishable u/s 197 of Motor Vehicles Act, 1988 which reads as under. 197. Taking vehicle without authority.- 15 (1) Whoever takes and drives away any motor vetdcle without. having either the consent of the owner thereof or other lawful authority shall be punishable witln iraprisonnient which inay extend to three inonths, or with flne which inay extend to flve hundred rupees, or with both: Provided that no provision shall be convicted under this section if the Court is satisfied that such person acted iu the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstmices of the case have given his consent ifhe had been asked therefore. (2) Whoever^ unlawfully by force or threat or force or by any other fonii of uitimidation, seizes or exercises control of a motor vehicle, shaU be punishable with iniprisonraent which raay extend t.o three months, or with fine which may extend to flve hundred rupees, or with both. (3) Whoever attcinpts to commit any of the acts referred to in sub-section (2) in relation to any motor vehicle, or abets the commission of any such act^ shall also be deemed to have committed an offence under sub-section (1) or as the case may be, sub-section (2). The State has to inforin public about it aiid caution and also take suitable action for contravention of these provisions. 21. Section 180 imposes pLmishment for the act of allowing unauthorized persons to drive vehicle< Section 180 reads as under: 180. Allowing unauthorized persons to drive the vehicles. - Whoever, being the y S^^-S*--- _ 16 owner or person in charge of a motor vehicle, causes or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with llne which may extend to one thousand rupees, or with both. The State has to inform public about it and caution and also take suitable action for contravention of these provlsions. 22. State should deploy siifficient force in order to comply with the provisions of section 202, which einpowers the authority to arrest without, warrant. Section 202 reads as under: 202. Power to arrest without warrax&t.- (1) A police officer in unlform may arrest without warrant any person who in his presence commits aii offence punishable under section 184 or section 185 or section 197: Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two houi's of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody. (2) A police Offlcer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his naine and address. (3) A police officer arresting without 17 .>^-.-- warrant the driver of a niotor vehicle shall if the circuinstances so reqiure take or cause to be taken any steps he may consider proper for the temporaiy disposal of the vehicle. The State has to inform public about it and caution and also take suitable action for contravention of these provisions. -^^ 23. The clauses (a) to (v) contained ui rule 22 regarding endorse in drivtng licence is also required to be complied with. Rule 22 reads as under: 22. Endorseaiien.t by Coiirts^- A court convicting a holder of a licence, for any one of the offences specifled hereunder^ shall endorse or cause to be endorsed in the driving Ucence, the particulars of such conviction nainely:- (a) Driving without a liceuce, or without a licencc, which is effective, or without a licence applicable to the vehicle driven (section 3). (b) Allowing a licence to be used by another person (section 6(2). (c) Driving when disqualifled (sec. 23) (d) Driving an unregistered vehicle (sec.39) (e) Drivmig a transport vehicle not covered by a certificate of fitness (sec.56) (1) Driving a transport vehicle in contravention of section 56). 18 •^' (g) Driving in contravention of rule 118. (h) FailiAre to comply with provisions ofsection 114. (i) Refusing or failing within specified time to produce Ucence or certificate of registration (section 130). (j) Failing to stop vehlcle as required under section 132, (k) Obtaining or applying for a licence without giving particulars of endorsement (section 182) (1) Driving at excessive speed (section 183). (m) Drivuig dangerously (section 184). (n) Driving while under the influence of drink or drugs (section 185) (o) Driving when mentally or physically unfit to drive (section 186). (p) Abatcment of an offence puiiishable under section 183 or 186. (q) Abatement of offence specified in section 188. (r) Taking part in unauthorized race or trial of speed (section 189). (s) Using vehicles in unsafe condition (Sec. 190) (t) Drivtng vehicle exceeding permissible limit or weight (section 194). (u) Altering a licence or using an altered licence. An offence punishable with 19 .J r- imprisoniiient in the coininission of which a motor vehicle was used. Heavy duty lies on the Court to do it and they are accordingly directed to coniply with these provisions. 24* Sub-section 4 of section 166 of Motor Vehicles Act 1988 provides that the claims tribLUial shaU treat aiiy report of accidents fon/vm'ded to it under sub-section (6) of Section 158 as aii application for compensation under this Act. Sub-section 6 of scction 158 reads as under: As soon as any inforination regarding any accident involving death or bodily injury to any person is recorded or report Linder this section is coinpleted by a Police Officer, the officer incharge of the police station shall fon^ard a copy of the saine within thirty days froni the date of recording ofinformation or, as the case may be, or corapletion of such report to the Claims Tribunal having jurisdiction aiid a copy thereof to the concerned insurer, and where a copy is made avallable to the owner, he shall also within thirty days of receipt of such report, forword the same to such Claims Tribunal and Insurer. 25. The State being a welfare State would see that provisions of Section 158 (6) are complled with in all eai'nest aiid inspecting higher authorities to see its conipliance* Under Rule 150(a) and (2) of the Central Motor Vehicles Rules, 1989 Form 54 has been prescribed- This is for ^Accident Inforniation Report9^ 20 which requires following information to be filled up and submitted by the police station. ^Form 54 (See Rule 150 (a) and (2)) Accident Information Report 1. Nanie of the police station 2- CR No./Trafflc accident report 3. Date 4. Name and full address of the injured/deceased 5. Name of the hospital to which he/she was removed 6. Registration nuniber of vehicle and the type of the vehicle 7. Driving licence particulars: a. Name and address of the driver b. Drivmg licence niunber and date of expiry c. Address of the issuing authority d. Badge No. in case of public service vehicle 8. Name and