IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 295 OF 2012
REPORTABLE
S. RAJASEEKARAN ... PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ... RESPONDENT (S)
RANJAN GOGOI, J.
J U D G M E N T
1. The petitioner is a leading orthopaedic surgeon of the
country and the Chairman and Head of the Department of
Orthopaedic Surgery in the Ganga Hospital at Coimbatore.
He was/is also the President of the Indian Orthopaedic
Association, the largest professional body of orthopaedic
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surgeons in the country. In the course of his professional
duties spanning over several decades the petitioner, while
rendering professional service to victims of road accidents,
has come to realise that the large number of accidents that
occur every day on the Indian roads, causing loss of human
lives besides loss of limbs and other injuries resulting in
human tragedies, are wholly avoidable. In the light of the
experience gained and propelled by a desire to render
service beyond the call of duty, the petitioner has filed this
writ petition under Article 32 of the Constitution seeking the
Court’s intervention, primarily, in the matter of enforcement
of the prevailing laws and also seeking directions for
enactment of what the petitioner considers to be more
appropriate legislative measures and for more affirmative
administrative action. The petitioner also seeks directions
from the Court for upliftment of the existing infrastructure
and facilities with regard to post-accident care and
management to minimize loss of life and physical injuries to
victims of road accidents.
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2. In the context of the aforesaid effort, the petitioner has
set out detailed statistics published by the Ministry of Road
Transport and Highways (MoRTH) in the volume “Road
Accidents in India 2010” highlighting the extent of increase
of road accidents and fatal cases between 1970-2010. In the
aforesaid publication in which the relevant figures are
pegged to the year 2010 it is reported that road traffic
accidents in the said year i.e. 2010 numbered nearly
5,00,000 resulting in approximately 1,30,000 deaths and
serious injuries including amputation of limbs to over
5,00,000 persons. One serious road accident in the country
occurs every minute; and one person dies in a road traffic
accident every 4 minutes. Road traffic accidents, therefore,
have the potential of being one of the largest challenges to
orderly human existence necessitating immediate and
urgent intervention. Not only the existing laws, which by
themselves are inadequate, are not being implemented in
the right earnest; the need for changes in such laws and
upgradation thereof, though admitted, are yet to see the
light of the day. Besides, victims of road traffic accidents die
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in large numbers due to lack of timely and proper medical
attention which, inter alia, is caused by avoidable disputes
with regard to jurisdiction of the administrative authorities
including the police who are to deal with the matter instead
of rendering immediate medical aid to the victim. Failure to
provide immediate medical attention resulting in death and
irreversible injuries is also due to inadequate facilities for
early removal of the victims of road accident to the nearest
hospitals/medical centres. Inadequate number of
ambulances and other suitable modes of transport to
transport the victims of road accidents; the absence of
trauma centres in different hospitals, and lack of even basic
health care facilities are additional features that contribute
to the unimpeded growth of the imminent menace to human
life. Such unabated growth, it may be mentioned, is
reflected in the figures beyond 2010 also. In fact, the
corresponding figures of the year 2012 available in
“Accidental Deaths and Suicides in 2012” a publication of the
National Crime Records Bureau show a uniform graph for all
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the relevant figures i.e. number of road accidents; fatal cases
as well as serious injury cases.
3. The petitioner has not visualized the magnitude of the
problem that he seeks to highlight on the basis of his
individual perceptions. He seeks to base his contentions on
reports submitted by the Working Groups constituted by the
MoRTH to survey the different facets of the problem as well
as research and authoritative articles published on the
subject by persons of eminence. It will, therefore, be
necessary to briefly outline what has been dealt with and
indicated in the said reports and publications.
4. At the outset, there are the reports of four Working
Groups set up by the first respondent to submit
recommendations and suggestions on short term and long
term measures to curb road accidents in the country. The
said four Working Groups were required to go into four ‘Es’ of
road safety, namely, Engineering, Enforcement, Education
and Emergency Care.
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5. According to the Working Group on Enforcement, as on
date, India has the distinction of having one of the highest
number of accidents and fatalities on roads. After a detailed
study the Working Group has recommended, in the main, the
following measures for road safety :
(a) Amendment of Motor Vehicles Act to increase
fines and to provide for revision of fines every
3 years based on the Consumer Price Index.
(b) Overloading of commercial vehicles should be
prosecuted under the Damage to Public
Property Act. Liability should be imposed on
the transporter, consignor and consignee.
(c) Use of Road Safety devices – there should be
no exemption for wearing helmets (such as
the exemptions in favour of women in some
States). Seatbelts should be compulsory for
driver and front-seat passenger. On national
highways, seatbelts should be compulsory for
back-seat passengers, too.
(d) In case of drunken driving (Section 20/185,
MV Act), the norm should be suspension of
the driving license and should be strictly
enforced by traffic police and courts.
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(e) Traffic Violations Database should be
maintained to record data of violating
vehicles, drivers and offences committed.
This would help identify habitual offenders
who could be awarded enhanced punishment.
(f) Checking of overcrowded passenger vehicles,
and cancellation of permit.
(g) Improvement of road engineering: Concerned
departments must inspect roads where
frequent accidents occur.
(h) Digitization of driving licenses in the country,
so that defaulters cannot obtain other
licenses (upon cancellation or suspension of
their license).
(i) Issue of Fitness certificate for commercial
vehicles should be based on stringent
inspection.
6. The Working Group on Emergency Care took note of the
fact that a large number of potentially salvageable patients
die needlessly due to delay in retrieval and inadequate or
ineffective treatment. In its report the Working Group had
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enumerated the following problems in accident and
emergency care delivery in India :
(i) The general public does not possess basic first aid
skills.
(ii) There is no standardized toll free access number to
call emergency medical help.
(iii) Non availability of appropriate and safe transport
for injured patient in the form of road ambulances,
air ambulances etc.
(iv) The ambulances are inappropriately/ inadequately
equipped.
(v) There is lack of awareness regarding Hon’ble
Supreme Court of India’s directives regarding the
right to emergency care for RTA victims and the
legal protection available to good Samaritans who
offer help to a victim of a road accident.
(vi) There is no provision to ensure adequate
compensation to an RTA victim in case the
accident causing vehicle does not have a third
party insurance.
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(vii) Majority of the drivers do not have a personal
mediclaim policy to cater to their emergency
medical needs in case of an accident.
7. Insofar as the report of the Working Group on
Engineering is concerned it was observed that the road
network in the country is historically developed with a view
to providing accessibility rather than mobility. In the said
report it was also noted that the available funding for
maintenance and repairs of National Highways Network is
only 35-40% of the estimated fund requirement.
8. Insofar as road safety education is concerned the
following extract from the report of the Working Group on
Road Safety Education would highlight the dimensions of the
issue :
“On an average, 20 percent of all people killed in
road accidents in developing countries are under
the age of fifteen. This is twice as high as in the
developed world. In India, there is one road
accident every minute, and one fatal accident
every fourth minute. There are as many as thirty
five accidents per thousand vehicles, and the
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drivers involved in road crashes are in the age
group 20-40 years. Two wheelers and cars
contribute to 50 percent of the total accidents.
Road crashes cost approximately one to three
percent of a country’s GDP. Other than road
engineering issues, most of the accidents are
caused by the drivers fault. While some experts
say it is around 50 percent, the MoRTH said that it
was around 80 percent. Whatever be the exact
figure, we do need to focus on education and
enforcement for improving driver performance.”
“Road Safety Education should not remain a
matter of words. Students must be educated in a
way that brings them alive to the issues of road
safety.
The report further states that, “Enforcement has a
key role in encouraging improved road users
behavior. The general deterrence provided by
enforcement authorities will promote public
perception that “compliance everywhere all the
time” is the best way of avoiding penalties and
improving safety. Often fear of the stick works
better than the stick itself.”
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9. A detailed reference has been made by the petitioner to
the report submitted by Shri S. Sundar [Former Secretary in
the Ministry of Surface Transport and Distinguished Fellow of
The Energy and Resources Institute (TERI)] under whom a
Committee was constituted in the year 2005 to deliberate
and make recommendations for creation of a dedicated body
on road safety and traffic management. The Committee was
also requested to draft the National Road Safety Policy for
consideration of the Government. While submitting its report
in February, 2007 the Committee, inter alia, recommended a
draft National Road Safety Policy which was approved by the
Cabinet in its meeting held on 15.3.2010. The said Policy
outlines the initiatives that are to be taken by the
Government at all levels to improve road safety in the
country. The major initiatives under the Policy are :
(a) To promote awareness about road safety
issues.
(b) To ensure safer road infrastructure by way of
designing safer road, encouraging application
of Intelligent Transport System etc.
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(c) To ensure fitment of safety features at the
stage of designing, manufacture, usage,
operation and maintenance.
(d) To strengthen the system of driving licensing
and training to improve the competence of
drivers.
(e) To take measures to ensure safety of
vulnerable road users.
(f) To take appropriate measures for
enforcement of safety laws,
(g) To ensure medical attention for road accident
victims.
(h) To encourage human resource development
and R&D for road safety.
(i) To strengthen the enabling legal, institutional
and financial environment for promoting road
safety culture in the Country.
10. In an article authored by Justice A.R. Lakshmanan,
erstwhile Chairman of the Law Commission, which appeared
in the newspaper “The Hindu” on 10
th
July, 2011 a number of
suggestions have been offered for road safety. The most
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significant of the aforesaid suggestions and relied upon by
the petitioner may be usefully extracted below.
“a) For ensuring the safer use of roads it has
been suggested that all State Governments
notify rules in their respective states for the
following:
. The removal and the safe custody of the
vehicles including their loads which have
broken down or which have been left
standing or have been abandoned on a
highway;
. the determination, maintenance and
management of parking places for the
use of vehicles and animals and the
fees, if any, which may be charged for
their use;
. prohibiting the use of footpaths or
pavements by vehicles or animals;
. prohibiting or restricting the use of
audible signals at certain times or in
certain places;
. regulating the loading of vehicles and in
particular, limiting the loads carried in
relation to the size and nature of the
tyres fitted;
. a right of way for ambulances and fire
brigade vehicles;
. the control of animals likely to frighten
other animals or pedestrians;
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. the control of children on highways;
. prohibiting the riding by more than two
persons at the same time on cycles
other than cycles designed for the
purpose;
. prohibiting the riding of more than two
cycles abreast;
. limiting the age of drivers of vehicles;
. regulating the driving of vehicles of
vehicles and animals at night; and
. regulating the use of highways by
pedestrians.”
b) For ensuring safer public vehicles it has been
suggested that the State Governments of all
States notify the following rules.
(a) The width, height and length of
vehicles;
(b) The size, nature and condition of
wheels and tyres;
(c) Brakes;
(d) Lamps and reflectors;
(e) Warning devices;
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(f) The inspection of vehicles by prescribed
authorities;
(g) Regulating the particulars exhibited
on vehicles and the manner in which such
particulars shall be exhibited.
c) It has been suggested that the State
Governments notify rules for regulating the
use of public vehicles in the following
manner:
. the documents, plates and marks to be
carried by public vehicles, the manner in
which they are to be carried and the
language in which such documents is to
be expressed;
. the badges and uniforms to be worn by
drivers;
. the fees to be paid for permits, driving
licences, duplicate copies of permits or
driving licences, plates, badges, and
appeals preferred before statutory
authorities;
. the limiting of the number of public
vehicles or public vehicles of any
specified class or description, for which
permits may be granted in any specified
area, or on any specified route or routes;
. the fixing of maximum or minimum fares
or freights;
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. the maximum number of passengers or
the maximum quantity of goods that
may be carried in a public vehicles;
. the conditions subject to which
passengers, luggage or goods may be
carried in a public vehicle;
. the construction and fittings or and the
equipment to be carried by public
vehicles, whether generally or in
specified areas or on specified routes;
and
. the safe custody and disposal of
property left behind in public vehicles;
d) It has been suggested that the State
Governments notify the following Regulations
for Traffic Personnel to enforce discipline in
regard to :
. Non-observance of traffic rules;
. Jumping the red light;
. Crossing the red light;
. Driving without valid licence;
. Driving under the influence of
liquor/drugs;
. Driving while talking on the mobile;
. Driving without helmet;
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. Overloading of passengers in autos. In
shared auto-rickshaws, the driver’s seat
is often occupied by three persons.
. An entire family (minimum four persons)
riding a scooter/motorcycle without
realizing that this is a traffic offence and
such travel is at the risk of their lives;
. Haphazard parking of auto-rickshaws,
vehicles and government buses.
. Over-speeding, crossing the yellow line
or violating traffic rules by
scooter/motorcycle;
. Violation of traffic signals on a one-way
road or complete violation of the traffic
signal;
. “Jam-packed” or extremely crowded
stage carriages;
. Confiscation of Vehicles fitted with LPG
cylinders which are meant for home
kitchen, and arrest and prosecution the
owners/drivers of such vehicles;
. Installation of weigh bridges at all entry
and exist points to and from a city as
well as toll collection centres to keep
overloading of vehicles under check;
. Round-the-clock mobile court/mobile
policing of roads, not limited to peak
hours.
. Digging of roads by various public utility
agencies, like Telephone or Electricity
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Corporations, causing inconvenience to
road-users.
. Common traffic violations such as
driving in the wrong direction, breaching
speed limits, and jumping traffic lights.”
11. Apart from seeking appropriate directions in the light of
the above suggestions, the petitioner also seeks the
constitution of a monitoring agency to ensure that the said
suggestions are notified by the State Governments within a
time frame.
12. Apart from the above suggestions the erstwhile
Chairman of the Law Commission had also suggested an
amendment in the Seventh Schedule of the Constitution to
enable enactment of a central legislation with regard not
only to national highways but also in respect of roads and
traffic thereon in addition to vehicles other than
mechanically propelled which as of today falls under Entry 13
of the State List.
13. Taking into account the recommendations and
suggestions contained in the above reports of the Working
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Groups and the other publications and views referred to, the
petitioner has contended that in the larger interest of the
members of the public using the national highways, the State
highways and all other arterial roads that connect the
different places and centres of the country the suggestions
offered by the petitioner would be worthy of consideration for
incorporation in the firm directions of this Court under Article
142 pending the necessary enactment thereof by means of
appropriate legislation by the Union and the States wherever
required. The core of the said suggestions are as follows:
(a) Owing to the severity of the problem and the
fragmented nature of responsibility of the
concerned Ministries/departments, the PMO should
have direct responsibility. There should be a
central coordinating body under the PM’s direct
leadership with order it and powers and definite
targets.
(b) Directions to ensure:
(i) Liability of IRDA in case person is denied
treatment due to delay in sanction of
insurance money.
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(ii) Equal, if not higher, compensation to
those persons injured as is given to
those who have died as a result of the
RTA.
(iii) All vehicles must have compulsory thirdparty
insurance.
Currently,
22%
vehicles
are
uninsured.
(iv) Liability for emergency expenditures of
injured, so that the injured/their family
do not have to take recourse to touts.
(c) Directions to R-2 for strict enforcement of traffic
violations, since every traffic violation is a potential
RTA. R-2 should maintain a minimum number of
traffic policemen – as per the road conditions and
population – in a region. It must ensure that such
personnel are not diverted for any other reason
(such as ‘bandobust’).
(d) Annual vehicular inspection should be made
compulsory by R-1. Such inspection should involve
the manufacturers of the vehicles also as they
possess the requisite knowhow of the particular
vehicle. R-1 should be directed to ensure that
roads are used for transportation alone and not
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other purposes such as hawking, religious
processions, marriages etc.
(e) Road safety education should be incorporated in
school curricula and inculcated in every citizen.
(f) Directions to R-1 regarding licensing:
(i) There should be a cap on the number of
licenses that can be issued by the concerned
official in one day, so that every application
for a license is strictly checked and
evaluated. Petitioner suggests a cap of four
licenses issuable per official per day.
(ii) Prescribe minimum education and
qualification standards for drivers.
(iii) Test the knowledge of safety standards, roads
rules, signboards, road markings etc. in
addition to mere ability to drive. Licenses
ought not to be issued, as presently done, on
the basis of the criteria of ability to drive
alone.
(iv) Licensing should be based on biometrics to
prevent multiple licenses issued to one
person.
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(v) Computerized licensing to track offences and
introduce a point-based penalty system for
offenders.
(vi) Bar coding of vehicles and licenses to link to
the penalty system, the annual fitness
certificate of the vehicle, and insurance forms
for instant information.
(vii) Restrictions on the number of new vehicles
registered and number of vehicles a
family/person can own, methods to ensure
road-worthiness of vehicle, periodic license
renewal etc.
13. The Respondent No. 1, namely Ministry of Road
Transport & Highways (MoRTH) has filed a detailed counter
affidavit in the case highlighting the steps undertaken by the
Ministry as well as other associated Ministries/Departments
of the Union to combat the challenge posed by the huge
number of road accidents that occur throughout the length
and breath of the road network in the country. The contents
of the said affidavit will have to be noted in some detail to
comprehend the steps that have been undertaken and also
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the plans and schemes that have been evolved or are in the
process of being evolved as possible answers to the problem.
(a) According to Respondent No. 1, on 15.03.2010 the
Government of India has approved the National Road
Safety Policy. The salient features of the said Policy are:
“…… promoting awareness, establishing road
safety information data base, encouraging
safer road infrastructure including application
of intelligent transport, enforcement of safety
laws etc.”
(b) The National Road Safety Council as contemplated
under Section 215 of the Motor Vehicles Act, 1988
(hereinafter for short ‘the Act’) has been constituted by
the Respondent No. 1 and advisories have been issued
to the States to set up Safety Councils at the State and
District levels. The functions of the National Council set
up under the Act are:
“The Councils and Committees referred to in
this section shall discharge such functions
relating to the road safety programmes as the
Central Government or the State Government,
as the case may be, may, having regard to the
objects of the Act, specify.”
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(c) An amendment to the Act to provide enhanced
penalties for different offences has been passed by the
Upper House on 8.5.2012 and the Bill is presently
pending before the Lok Sabha. So far as overloading of
vehicles, a major cause of road accidents, is concerned,
according to the Union, the enforcement of the law in
this regard is the responsibility of the State
Governments. 27 States, according to Respondent No.
1, have taken necessary action for enforcement of the
provisions of Section 114 of the Act. Similarly,
enforcement of the provisions contained in Section 129
of the Act regarding wearing of helmets and Rule 125(1)
of the Central Motor Vehicles Rules, 1989 (hereinafter
for short ‘the Rules’) with regard to seat belts etc. is the
responsibility of the State Governments. According to
the respondent No. 1, in collaboration with NIC, a
national register as well as State registers have been
created to act as a centralized database for driving
licenses and registration certificates. Furthermore, it is
stated that “out of 993 RTOs, 992 RTOs have been
connected with State registers/national register through
VPNoBB/LL connectivity and RTOs/DTOs data is being
replicated at State Register/National Register in
Asynchronous Mode. The National and State Registers
are customized with portal VAHAN & SARATHI software
for compiling/ digitizing the data on DLs and RCs
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respectively. State Transport Departments and
Enforcement agencies have been provided access to
the data on National Register and State Registers.”
(d) Insofar as fitness certificates for commercial vehicles
under Section 56 of the Act is concerned, according to
the Respondent No. 1, it is the States who are
responsible for issuing fitness certificates to commercial
vehicles. However the Ministry (MoRTH) has designed
model inspection and certification centres for effective
inspection and certification of motor vehicles from the
point view of safety and emissions. Furthermore,
according to the Ministry, the installation of model
Centres in 10 States has been planned and 9 centres
have been sanctioned till date which are at different
stages of implementation.
(e) Insofar as road engineering is concerned, according to
the Ministry, road safety has been made an integral part
of the road design and road safety audit of the selected
stretches of national highways and expressways are
being regularly conducted. Further more, according to
the Ministry, a Committee has been constituted for
formulating a National Ambulance Code which has since
been finalized. Incorporation of the said Code within the
framework of the Central Motor Vehicles Rules is under
consideration. In its counter affidavit, the Ministry has
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also stated that a Committee has been set up to make
recommendations for a National Helpline for road
accident victims based on a common toll free number
(1033) with dedicated round the clock call centres. At
the said centres, calls from the State Highways will also
be accepted and will be forwarded to the concerned
agency for providing relief.
(f) So far as road safety education is concerned, it has
been stated in the counter affidavit of the respondent
No. 1 that a syllabus in first aid has been made
compulsory in driving schools; plan are underway for
incorporating a chapter for road safety for school
children and a book called “Sign Language” containing
a chapter on helping road accident victims has been
published and circulated in adequate number to all
State Government schools as well as schools affiliated
to the CBSE.
(g) Dealing with the issue of compulsory insurance the
Ministry has stated that under Section 146 of the Act
there is a prohibition on use of a motor vehicle which
has not been insured. According to the Ministry it has
issued a Circular dated 20.6.2013 to all State
Governments to enforce the aforesaid provision of the
Act.
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(h) Insofar as licensing and prescription of minimum
education and qualification for drivers is concerned,
according to the Ministry, adequate provisions exist
under the Act as well as the Rules. So far as
enforcement thereof is concerned, according to the
Ministry, a Committee has been set up to recommend
staffing norms for the office of Motor Licensing Officers.
Further more, according to the first respondent, setting
up of adequate number of Institute of Driving Training &
Research (IDTR) and Regional Driving Training Schools
(RDTs) is contemplated and plans are also afoot to link
these centres with the jurisdictional RTO for conducting
necessary tests before issuing driving licenses.
(i) Refresher training course for heavy vehicle drivers are
being organized to inculcate safe driving habits and to
acquaint the drivers with the rules to be followed while
using the roads.
(j) Publicity measures and awareness campaign of road
safety is carried out through DAVP, Doordarshan, All
India Radio and newspapers and a suitably designed
system throughout the country for rigorous inspection of
motor vehicles and to remove the defects before they
are allowed to ply on roads is under contemplation;
necessary amendments in the Central Motor Vehicles
Rules would be carried out prescribing these tests which
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will replace the presently visual inspection of vehicles
which is in force.
(k) Insofar as post-accident medical response is concerned,
it is stated that the Ministry of Health and Family
Welfare (MoHFW) has established trauma centres in
State Government hospitals to the extent possible and
during the 11
th
Plan the MoHFW had identified 140
government hospitals in 16 States along the golden
quadrilateral highway for establishing trauma care
facilities. The scheme is proposed to be extended to
another 85 government hospitals during the 12
Plan
and such facilities will be located near or on the national
highways.
(l) A pilot project has been introduced along a stretch of
NH-8 between Delhi and Jaipur wherein 11 ambulances
had been deployed at intervals of 20 kilometers and the
government has undertaken to bear the treatment cost
upto Rs. 30,000/- for the initial 48 hours. A National
Highway Accident Relief Service Scheme (NHARSS) has
also been launched to provide immediate eviction of
injured victims to the nearest medical aid centre and
adequate number of cranes of different capacities,
ambulances and life-support ambulances to carry the
victims to 140 identified hospitals had been provided in
different States. 24 interceptors have been sanctioned
28
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to the States and Union Territories to detect violations
under the Act. In the counter affidavit filed by the first
respondent it is also stated that following the decision of
the Supreme Court in Pt. Parmanand Katara vs.
Union of India
1
instructions have been issued by the
Ministry to all the State Governments emphasising the
need for providing medical aid to road accident victims
without waiting for the police for completion of the legal
formalities. Reference is made to a circular dated
19.02.2004 issued to all State Governments regarding
the necessity of building confidence in the public for
helping road accident victims. In the said circular it is
emphasized that the members of the public, who render
voluntary help to persons injured in accidents, should
not be unnecessarily questioned and detained in the
police stations and further that they should not be
harassed or forced to give their particulars.
14. There are several other significant aspects connected
with the present matter that have been highlighted by the
Ministry (MoRTH). The National Road Safety and Traffic
Management Board Bill 2010 for creation of a National Road
Safety and Traffic Management Board (NRSTMB) has been
emphasised. The said Board is intended to act as a lead
1
(1989) 4 SCC 286
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agency to oversee road safety and traffic management
activities in the country. The functions of the Board as
stipulated in the Bill include specification of standards for
construction and maintenance of national highways;
specifying the safety standards for mechanically propelled
vehicles; to maintain a comprehensive database on road
safety; to issue guidelines for training and testing of drivers;
establishment and upgradation of trauma centres in
consultation with the Directorate General of Health Services.
At present, the Bill is pending before the Lok Sabha though
the Parliamentary Standing Committee has recommended
scrapping of the same on the ground that the Board is
merely a recommendatory body and is a further addition to
the several other existing bodies acting in an advisory and
recommendatory capacity.
15. The proposed substitution of Section 163A and the
Second Schedule to the Act which has been approved by the
Rajya Sabha on 8.5.2012 has also been highlighted in the
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affidavit as a move to ensure payment of higher/substantial
compensation to victims of road accidents.
The Bill amends sub-section (3) of Section 163A
permitting the Government to revise the amount or
multiplier specified in the Second Schedule every three
years, based on the cost of living and rise in price index.
The corresponding sub-section in the principal Act permitted
the Government to do so “from time to time”.
The Bill replaces the Second Schedule to lay down a
new scheme for calculating the compensation amount
payable to a victim or his/her kin. The formula for working
out compensation is as follows:
(a) The proven annual income of the victim is to be
worked out.
(b) Appropriate multiplier (higher of the multiplier
based on the age of the victim and the age of the
surviving/dependent parents/spouse/children) to
be applied.
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(c) Multiply the proven annual income by the
appropriate multiplier to arrive at compensation
amount, subject to following namely:-
(i) The amount of compensation payable for
Permanent Total Disablement as defined in
Schedule I of the Workmen’s Compensation Act,
1923 (8 of 1923) shall be determined by
application of appropriate multiplier to proved
income, subject to maximum of Rs.10 lakhs.
(ii) The amount of compensation so arrived shall
be reduced by 1/3
rd
in respect of fatal accidents
(reduction of 1/3
rd
represents living expenses for
deceased person, had he been alive).
The maximum annual income for calculation of
compensation is proposed to be fixed at Rs.1 lakh as against
the present amount of Rs.40,000/-. The minimum
compensation amount payable is increased to Rs.1 lakh from
the erstwhile Rs.50,000/-. In case of death of non-earning
person, the Schedule fixes the compensation at Rs.1 lakh for
children upto 5 years of age, and at Rs.1.5 lakh for persons
more than 5 years of age. Where such a person is grievously
injured in an accident, the maximum compensation that may
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Page 32
be awarded is Rs.50,000/-. In case of non-grievous injuries,
the non-earning person may be awarded a maximum
compensation of Rs.20,000/-. The Bill also seeks to enhance
the general damages payable in case of death and disability.
16. Finally, in its counter affidavit, the Ministry (MoRTH) has
stated that the enforcement of the core provisions of the Act
comes within the purview of the States/Union Territories and
though the first respondent has been impressing upon all
States/Union Territories for strict enforcement of the
provisions of the Act by issuing advisories from time to time,
eventually, it is upto the States to respond appropriately in
the matter.
17. The narration above indicates the enormity of the
problem; the issues connected therewith; the suggestions
made in different quarters for resolution and the attempts to
provide a solution. The mosaic of facts, information and
suggestions have been laid only to serve as a basis to
undertake the exercise imminently necessary to resolve the
issue, to the extent possible, so far as the present is
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Page 33
concerned and to visualise what could be the requirements
of the future. We wish to make it clear that the exercise
attempted cannot be considered to be either infallible or to
be a one time attempt at a permanent solution. Different
facets of the issue with new complexities are bound to recur
from time to time requiring renewed attempts at resolution.
It is keeping in mind the above features that the course that
we intend to charter, as laid out in the paragraphs
hereinafter, has been visualized and conceptualized.
18. The total network of roads in India is approximately 47
lakhs kilometers which is possibly the second largest
network in the world after the U.S.A. While Express
Highways count for only 200 kilometers in length,
National Highways measure 70,934 kilometers; State
Highways 1,63,896 kilometers; other PWD Roads
10,05,327 kilometers and rural and other roads
27,49,805 kilometers. The statistics mentioned below
would indicate the relative position with regard to the
extent of road network; the vehicular population and
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Page 34
the number of deaths that had occurred in the past
years in road accidents in India and other countries like
U.S.A., U.K., China etc. While the statistics available in
respect of the USA may reflect a higher rate of
accidents though a lower number of deaths (possibly
due to more advanced after trauma facilities) the
figures in respect of the U.K. and China highlights the
magnitude of the problem in so far as India is
concerned. In this regard it would require a specific
mention that while the death rate in China, which had
stood at par with India at a certain point of time, has
shown a significant downward trend in case of India the
said figures has shown a disturbing increase.
Country Road
network
India
Source:
“Accidental
Deaths & Suicides
in India, 2010”,
National Crime
Records Bureau.
(km)
A - Data on RTAs
Number of
vehicles
Number of
Accidents
Deaths Seri
ous
inju
ries
46,89,842 11,49,53,000 4,30,654 1,26,896 4,66
,600
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Page 35
2
Year: 2009
USA
Source:
US Census Bureau
Year: 2009
UK
Source:
Department for
Transport
Year: 2009
China
Source:
“Global Status
Report on road
safety, 2013”,
WHO.
Year: 2010
Brazil
Source:
“Global Status
Report on road
safety, 2013”,
WHO.
Year: 2010
65,86,610 25,41,66,000 1,08,00,000 33,808 22,1
7,00
0
3,94,428 3,42,00,000 1,64,000 2,222 2,20,
000
41,06,387 20,70,61,286 -- 70,134 --
15,80,964 6,48,17,974 -- 37,594 --
B – Data of relative figures in respect of China & India
Number of Road Accidents
Year China India
2004 5,17,889 4,29,910
Source: “Statistical Year Book of India – 2014” published by the Ministry of Statistics and Programme
Implementation.
2
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Page 36
2005 4,50,254 4,39,255
2006 3,78,781 4,60,920
2007 3,27,209 4,79,216
2008 2,65,204 4,84,704
2009 2,38,351 4,86,384
Number of Persons Killed
Year China India
2004 1,07,077 92,618
2005 98,738 94,968
2006 89,455 1,05,749
2007 81,649 1,14,444
2008 73,484 1,19,860
2009 67,759 1,25,660
19. The facts mentioned above would leave no room for
doubt that Indian roads have proved to be giant killers
demanding immediate attention and remedial action. Such
attention and necessary intervention, in the first instance, is
required to be made by the concerned governmental
agencies. While there is no reason for any skepticism over
the abundant concern shown by all concerned to the issues
highlighted and also the attempted solutions both in the field
of law enforcement as well as amendments in the law,
besides limited experiments in providing better after trauma
care, for reasons that need not detain the court, the results
so far have not been very encouraging. The accident and
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casualty graphs continue to run on an even keel over the last
several years.
20. An accident is an incident that happens unexpectedly
and unintentionally. It is occasioned either by human failure
or human negligence. Viewed from the above perspective
and also thorough hindsight every road accident is an
avoidable happening. The history of humankind has been
one of conquests over the inevitable. The resignation to fate
has never been the accepted philosophy of human life.
Challenges have to be met to make human life more
meaningful. This is how the constitutional philosophy behind
Article 21 has been evolved by the Indian courts over a long
period of time. It is this process of development and the
absence of significant and meaningful results from the
governmental action till date that impels us to delve into the
realms of the issues highlighted by Dr. Rajaseekaran in the
present writ petition under Article 32 of the Constitution.
21. Having considered all the relevant facts and also the
suggestions that have come from the different quarters it
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appears to us that the four-dimensional approach that the
Government had earlier attempted by setting up four
different working groups to go into the four issues of road
safety, namely, enforcement, engineering, education and
emergency care would be the best manner to approach the
issues arising. We, therefore, intend to adopt the same in
the exercise proposed to be undertaken.
Enforcement
22. Enforcement of the existing laws, regulations and norms
having a bearing on road safety can be conveniently sub-
divided into different categories like-
(i) licensing;
(ii) certification of fitness of vehicles;
(iii) limits of use of vehicles i.e. passenger carrying
capacity, weight carrying capacity etc.;
(iv) use of road safety devices;
(v) adherence to norms including user of roads,
and;
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Page 39
(vi) deployment of adequate manpower for
enforcement of the existing provisions of law.
23. The provisions of the law i.e. Motor Vehicles Act, 1988
governing the aforesaid features of the matter can now be
taken note of.
A. Licensing
24. (I) Section 3 of the Motor Vehicles Act, 1988 states
that no person shall drive a motor vehicle in a public place
without holding a valid driving license. As per the mandate
of Section 6, a person cannot hold more than one such
license. Further, Section 4 sets the age limits for driving of
motor vehicles: 18 years for cars, 16 years for motorcycles,
and 20 years for transport vehicles. Section 5 prohibits the
owner to permit any person to drive the vehicle without
satisfying Sections 3 & 4. If an owner permits any person to
drive the vehicle without a driving licence, the owner is liable
for imprisonment upto 3 months or fine upto Rs. 1,000 or
both, under Section 180.
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(II) Under Section 19, the licensing authority may
disqualify a person from holding a driving license for certain
reasons, such as if the person (i) is a habitual criminal or
habitual drunkard, (ii) is a habitual addict to any narcotic
drug or psychotropic substance within the meaning of the
NDPS Act, 1985, (iii) is using or has used a motor vehicle in
the commission of a cognizable offence, (iv) has by his
previous conduct as driver of a motor vehicle shown that his
driving is likely to be attended with danger to the public, (v)
has committed any such act which is likely to cause nuisance
or danger to the public, etc.
(III) The Court may also disqualify a person from
holding a driving license, apart from imposing any other
punishment. In the following cases, disqualification by the
Court is mandatory under Section 20(2):
- not stopping the vehicle when required to do so by any
Police Officer (not below the rank of Police SubInspector
in
uniform)
if
the
vehicle
is
involved
in
a
road
accident
(Section
132)
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Page 41
- not shifting the victim of the accident in which his or her
vehicle is involved to the nearest hospital/ medical
practitioner (Section 134)
- not giving, on demand by a Police Officer, any
information required by him (Section 134)
- not reporting the occurrence of accident to insurer
(Section 134)
- driving by a drunken person or by a person under the
influence of drugs (Section 185)
- driving dangerously (Section 184)
- racing and trials of speed (Section 189)
- using a vehicle without registration (Section 192)
B. Vehicular Fitness
25. (I) Under Section 39, a person cannot drive a motor
vehicle or cause or permit his vehicle to be driven without
proper registration and display of the registration mark. If a
vehicle is not in a fit condition to be used on the public road
or is being used for hire without valid permit, the appropriate
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authority under Section 53 can suspend the registration
certificate.
(II) Using a vehicle without registration can result in
fine, the minimum amount of which is Rs. 2,000 and
maximum is Rs. 5,000, under Section 192. For a subsequent
offence, the maximum amount of fine may extend to Rs.
10,000, subject to a minimum of Rs. 5,000. The punishment
is not applicable for vehicles used in an emergency for the
conveyance of persons suffering from sickness or injuries or
for the transportation of food or material to relieve distress or
of medical supplies for a like purpose, per sub-Section (2).
(III) A vehicle cannot be used on the road without
proper insurance certificate, as under Section 146. The
owner is responsible for obtaining insurance. Driving an
uninsured vehicle can result in punishment in imprisonment
upto 3 months or fine upto Rs. 1000/- or both, under Section
196.
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(IV) In cases of vehicles involved in road accidents,
the driver or owner must report such involvement to the
concerned police officer. Failure to do so would attract
punishment under Section 187, viz. imprisonment upto 3
months or fine upto Rs. 500, or both (in addition to the
punishment for the accident). For the subsequent offence
under this section, the imprisonment can be upto 6 months
and fine amount upto Rs. 1,000. Moreover, such a vehicle
has to be inspected by the authorized officer of the Motor
Vehicles Department (Section 136).
(V) Chapter V of the Central Motor Vehicles Rules,
1989 contains exhaustive provisions on the construction,
maintenance and equipment of motor vehicles, dealing the
dimensions of the vehicle, tyres, brakes, steering gears,
safety glass, windscreen wipers, emission standards, noise
reduction measures, and speed governors. The Rules also
provide for the installation of devices such as helmets, safety
belts, padded dashboards etc. for the safety of drivers,
passengers and road users. Violation of the standards
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prescribed in relation to road safety, control of noise and air
pollution is fine amount upto Rs.1,000/- for the first offence
and Rs. 2,000/- for the subsequent offence, under Section
190 of the MV Act.
C. Use of Roads
26. (I) The MV Act contains several provisions regulating
the use of roads by motor vehicles.
(II) Section 119 mandates every driver to drive the
vehicle in conformity with traffic signs and prescribed
driving regulations and to comply with all the directions
given to him by any Police Officer engaged in the regulation
of traffic. Under Section 121, the driver must signal his
intention to stop or take a left or right turn.
(III) Leaving a vehicle at rest on any public place in
such a way as to cause or likely to cause danger, obstruction
or undue inconvenience to other road users is an offence
under Section 122. Such vehicles may be towed away by
Police and the owner may be charged for towing in addition
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Page 45
to the penalty for offence. A vehicle may also be towed away
by the police (in uniform) if it is left attended in a public place
for more than 10 hours, or parked at a ‘No Parking Zone’, or
parked in a manner that creates a traffic hazard (Section
127).
(IV) Carrying more than one pillion rider on a two-
wheeler is an offence under Section 128. Wearing a helmet
of ISI standard, while riding a motor cycle in a public place, is
mandatory under Section 129.
(V) Under Section 183, if a driver of a motor vehicle
contravenes the speed limit, he/she shall be punishable
with fine upto Rs. 400/- for the first offence and Rs. 500/- for
the subsequent offence, and if the owner causes the driver to
contravene the speed limit, he/she shall be punishable with
fine upto Rs. 300/- for the first offence and Rs. 500/- for
subsequent offence. Under Section 184, whoever drives a
motor vehicle at a speed or in a manner which is dangerous
to the public, having regard to all the circumstances of the
case including nature, condition and use of the place where
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Page 46
the vehicle is driven and the amount of traffic which actually
is at the time or which might reasonably be expected to be in
the place, shall be punishable for the first offence with
imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees. In case
of repeated offence committed within three years of the first
offence, he may be punished with imprisonment for a term
which may extend to two years or with fine which may
extend to two thousand rupees or with both. The driver can
be arrested on the spot. Taking part in a race or trial of
speed of any kind without the Government’s written
permission is punishable under Section 189, with
imprisonment for a term which may extend to one month or
with a fine upto Rs 500 or with both.
(VI) Under Section 185, punishment for drunken
driving is imprisonment upto 2 years or fine upto Rs. 3,000/-
or both, and the driver can be arrested on the spot. Further,
Section 186 makes a person who is mentally or physically
unfit to drive, punishable for the first offence of driving in
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Page 47
such a situation with fine upto Rs. 200/- and Rs. 500/- for
subsequent offence.
(VII) Driving a vehicle exceeding permissible
weight can result in a punishment of Rs. 2,000/- and an
additional amount of Rs. 1,000/- per ton of excess load
together with the liability to pay charges of off-loading the
excess load, per Section 194.
(VIII) Using vehicle in contravention of permit
condition can result in fine upto Rs. 5,000/- but not less than
Rs. 2,000/- for the first offence and imprisonment upto 1 year
but not less than 3 months or with fine amount upto Rs.
10,000/- but not less than Rs. 5,000/- or both for the
subsequent offence (Section 192(a)).
27. While improvements in different spheres of law are
imminent with passage of time, any change of law has to be
preceded by serious debate and consideration of a wide
variety of factors all of which takes time. The legislative
procedure is also time consuming. In fact several
48
Page 48
amendments in the Motor Vehicles Act as indicated in the
earlier part of this order are under consideration. While such
changes or amendments can be brought in only upon
completion of the necessary exercise, the enforcement of the
existing laws would stand on an entirely different footing.
Strict and faithful enforcement of all existing laws and norms
must be insisted upon not only as an absolute principle of law
but also for the huge beneficial effects thereof. As noted
earlier, out of the total road network in the country which is
about 47 lakhs kilometers in length, national highways
account for only 70,934 kilometers only. It is over these
national highways that the executive power of the Union
extends whereas in respect of the State highways and other
State roads the Executive power of the State runs. That
apart, roads, traffic thereon and vehicles other than those
mechanically driven are covered by relevant entries in List II
of the Seventh Schedule giving jurisdiction to the States both
in matters of legislation and exercise of executive power.
None of the States are parties to the present writ petition.
Though we are inclined to accept that directions to the
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States to enforce the existing laws can be issued even in
their absence, we cannot help observing that the matter
cannot be allowed to rest merely by issuance of directions by
this Court. Observance and implementation of the directions
to be issued by this Court in exercise of power under Article
142 of the Constitution would require a continuing scrutiny
and we intend to monitor such implementation and to make
the States accountable for any inaction or lapse in this
regard. We, therefore, implead all the States as party
respondents and direct the Registry to issue notice to them.
For the present we direct the Government of each State to
effectively implement and enforce all the provisions of the
Act in respect of which the States have the authority and
obligation to so act under the Constitution in addition to the
tasks specifically alluded to in the subsequent paragraphs of
the present order.
Engineering
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28. In so far as road engineering is concerned, the
concerned departments in the Central Government as well as
the State Governments must make road safety an integral
part of road design at the planning stage and conduct
regular road safety audit of selected stretches of
expressways, national highways, state highways and other
state roads to identify what can be reasonably termed as
‘black spots’ i.e. problem spots where a large number of
accidents occur. Regular maintenance of all highways and
roads both by the Central and the State Governments, in
order to make the same traffic worthy, is the minimum that
the citizens of this country can expect and are entitled to.
We hardly need to emphasis that it is the duty of the Central
and the State Governments to ensure the availability of safe
roads worthy of traffic, though we must hasten to add that
our observations in this regard must necessarily be
understood in the context of the resources available to the
Central and the State Governments. We accordingly direct
the respective Governments to act accordingly.
Education
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29. The importance of education on road safety cannot be
gainsaid. Such consciousness needs to be developed
amongst all citizens and should be inculcated from a young
age. The importance of informing and educating the citizens
of the virtues of road safety lies in the fact that, in the last
resort, it is such realization alone that can lead to better and
safer use of roads and vehicles. It is heartening to note that
serious consideration on this aspect of road safety has been
expended by the Union Government details of which
measure have been noted earlier. We direct the Union
Government to continue to expend its efforts and all such
measures shall also be implemented by the State
Governments.
Emergency
30. In so far as emergency is concerned there is perhaps no
denial of the fact that many deaths and loss of limbs and
serious disfiguration of victims can be saved by timely
medical attention. Lack of adequate number of good
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samaritans; squabbles between police stations and
administrative authorities over jurisdiction; lack of quick
response in removing the victims to hospitals and centres of
medical care due to lack of necessary infrastructure like
ambulances; absence of adequate and well spread out
number of hospitals and medical centres; the poor condition
and lack of adequate infrastructure in government run
hospitals and health centres and the prohibitive costs of
health care facilities in the more advanced centres of
medical care besides insistence of large deposit of money by
such advanced health care centres in the private sectors are
some of the problems that have seriously plagued post
trauma/accident care in the country. As already noted,
limited attempts have been made on experimental basis and
that too on national highways alone to provide better
amenities and also to take care of the fund requirements for
the first 48 hours following the accident. The experiment
needs to be extended by the Central Government to more
stretches of the National Highways besides introduction and
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implementation of such measures by the States in the roads
under their control and jurisdiction.
31. The sum total of the discussions above is that all
existing laws and norms including the provisions of the Motor
Vehicles Act, as in force, are required to be implemented in
the right earnest and with all vigour by the authorities of the
Union and the State Governments who are responsible for
such implementation. In so far as suitable amendments to
the laws are concerned, this Court can only hope and trust
that all such changes or amendments which are presently
under legislative consideration would be expedited and
measures as may be considered necessary by legislature in
its collective wisdom will be brought in the statute book in
due course. At the same time, what has been admitted to be
necessary and, therefore, has been initiated by the Central
Government in so far as engineering and road education is
concerned shall be implemented and directions to so act
may be construed to have been issued by this Court by the
present order. Similarly, in so far as emergency care is
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concerned, what has been initiated by the Central
Government, as stated in its affidavit, shall be suitably
implemented and extended subject to the limits of its
financial ability. The States also shall act accordingly and
initiate similar measures if required, in a phased manner.
32. We are aware that the journey that has been undertaken
would be long and arduous. It is difficult to visualise when
the same would end, if at all. To ensure the success of
the process undertaken, constant supervision of this Court
of the measures undertaken by the Central Government
and the State Governments and the extent of affirmative
action on part of the Union and the States will have to be
measured and monitored by the Court from time to time.
Keeping in mind that the time available to this Court is
limited we deem it proper to constitute a Committee to
undertake the process of monitoring on behalf of the
Court. The Committee will have the following composition
and shall function in the manner indicated below:
Composition of Committee
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Sl.No. Name
1.
Hon’ble Mr. Justice K.S. Radhakrishnan
Judge, Supreme Court of India
(Effective from 15
2.
Mr. S. Sundar
th
May, 2014)
Chairperson
Distinguished Fellow, TERI
Former Secretary, Ministry of Surface
Transport, Government of India
3.
Dr. (Mrs.) Nishi Mittal
Ex. Chief Scientist, CRRI,
Formerly HoD, Traffic Engineering and
Safety (TES),
Central Road Research Institute
Member
Member
33. (I) The composition of the above Committee will be
notified by the Ministry of Road Transport and
Highways, Government of India forthwith.
(II) The Committee will have its office in the
national capital and requisite infrastructure including
manpower will be provided by the Central
Government.
(III) The remuneration and perquisites of the
Chairman of the Committee and its members will be
fixed by the Union Government in consultation with
the individual concerned and in accordance with
prevailing norms.
(IV) All State Governments as well as different
Ministries/Departments/Wings of the Central
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Government who are currently looking after the
multi-dimensional issues pertaining to road
safety will submit their first report to the
Committee within three months from today
indicating the state of implementation and
enforcement of all laws pertaining to (i)
licensing; (ii) certification of fitness of vehicles;
(iii) limits of use of vehicles i.e. passenger
carrying capacity, weight carrying capacity etc.;
(iv) use of road safety devices; (v) adherence to
norms including user of roads, and (vi)
deployment of adequate manpower for
enforcement of the existing provisions of law.
(V) The Union Government as well as the State
Government shall also indicate their views on
the necessity of further change in the law, if
any.
(VI) The Union Government as well as the
Government of the States shall also offer their
views on the suggestions/recommendations of
the different bodies/persons noticed and
mentioned in the present order which are
presently not under implementation.
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(VII) The Committee shall undertake a detailed
scrutiny and examination of the Report(s) that
may be submitted and the views of the Central
and State Governments with regard to necessity
of further legislation or changes in the existing
laws.
(VIII) The Committee will submit its report to this
Court within three months after receipt of report
from the Union and the State Governments
indicating and expressing its views on each of
the matters referred to in the present order
including the deficiencies and the defaults on
the part of any of the stakeholders, as may be
found.
34. The matter be posted for further consideration before
this Court on the expiry of six months from today along
with the report (s) as may be submitted pursuant to the
present order.
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35. A copy of this order be furnished to the petitioner and
each of the Respondents as well as to the Chief
Secretaries of all the States/Union Territories.
NEW DELHI,
APRIL 22, 2014.
...…………………………CJI.
[P. SATHASIVAM]
.........………………………J.
[RANJAN GOGOI]
…..........……………………J.
[N.V. RAMANA]
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