Supreme Court of India
S. RAJASEEKARANversusUNION OF INDIA & ORS.
- Citation
- 2017 INSC 1159
- Decided
- 22 April 2014
- Disposal
- Hearing Adjourned
- Bench
- P SATHASIVAM
Holding
The Court held that the Motor Vehicles Act, 1988 and its regulations must be implemented with full vigor, and it may issue binding directions to Union and State governments, including the constitution of a monitoring Committee, to ensure road safety and post‑accident care.
Summary
The petitioner, an orthopaedic surgeon, filed a writ petition under Article 32 seeking the Supreme Court’s intervention to enforce the Motor Vehicles Act, 1988 and related regulations to curb the high incidence of road accidents in India and to improve post‑accident care. The Court examined the extensive data on accidents, the recommendations of four Working Groups (Engineering, Enforcement, Education, Emergency Care), and the Union Ministry’s affidavit on steps already taken. It held that existing laws must be implemented earnestly and that the Court could direct both Union and State governments to enforce the Act, improve infrastructure, and monitor compliance. A three‑member Committee was constituted to oversee implementation, and all States were impleaded to submit reports within three months. The Court also directed the Union to continue its initiatives on road safety education, engineering, and emergency services, while urging expeditious legislative amendments where needed.
Issues considered
- Whether the Supreme Court can, under Article 32, issue directions for the enforcement of the Motor Vehicles Act, 1988 and related rules to address road safety.
- Whether the Union and State governments can be bound to implement and monitor road safety measures, including licensing, vehicle fitness, and emergency care.
- Whether a Court‑constituted monitoring Committee is permissible to oversee compliance with the directions.
- Whether the existing provisions of the Motor Vehicles Act are adequate or require amendment to reduce road accidents.
Legislation cited
- Central Motor Vehicles Rules, 1989
- Constitution of Indias. Article 142, s. Article 21, s. Article 32
- Motor Vehicles Act, 1988s. 132, s. 134, s. 146, s. 163A, s. 180, s. 184, s. 185, s. 189, s. 19, s. 190, s. 192, s. 20, s. 215, s. 3, s. 39, s. 4, s. 5, s. 53, s. 6
Subjects
road safetymotor vehicles actroad accidentsenforcementemergency carelicensingvehicle fitnessroad engineeringroad safety educationpublic interest litigationArticle 32monitoring committee
Judgment
[2014) 5 S.C.R. 444
A S. RAJASEEKARAN
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 295 of 2012)
APRIL 22, 2014
B
[P. SATHASIVAM CJI., RANJAN GOGOi AND
N.V. RAMANA, JJ.)
Motor Vehicles Act, 1988:
c
Road accidents - Large number of accidents occur every
day on Indian Roads causing loss of human lives besides
loss of limbs and other injuries resulting in human tragedies
- Writ petitioner seeking court's intervention primarily in the
matter of implementation of prevailing laws in the right earnest
0
and need for change in such laws and upgradation thereof
and directions 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
E accidents - Held: The four Working Groups set up by the
Ministry of Road Transport and Highways made
recommendations on short terrn and long term measures to
curb road ac9idents in the country i.e. enforcement of the
existing laws, regulations and norms; availability of safe roads
worthy of traffic as per the resources available with Central and
F State Governments; education on road safety and timely
medical attention - All existing laws and norms including the
provision of Motor Vehicles Act, therefore require to be
implemented in the right earnest and with all vigours by the
authorities - Committee constituted to undertake the process
G of monitoring measures undertaken by the Central
Government and State Governments - All State Governments
as well as different Ministries/Departments/Wings of the
Central Government to submit their report to the Committee
indicating the state of implementation and enforcement of all
H 444
S. RAJASEEKARAN v. UNION OF INDIA 445
laws pertaining to licensinf)_; certification of fitness of vehicles; A
limits ·of 'fise ·of vehicles i.e. passenger carrying capacity,
·weight carrying capacity etc.; use of road safety devices;
adherence to norms including user of roads, and deployment
of adequate manpower for enforcement of the existing
. provisions of law - The Union Government as well as the State B
Government to also indicate their views on the necessity of
further change in the law, if any - The Committee directed to.
submit its report to the Court within three months after receipt
of report from the Union/State Governments expressing its
views on the deficiencies and the defaults on the part of any c
of the stakeholders, as may be found. -
In the instant writ petition filed under Article 32 of the
Constitution, the grievance of the petitioner was. that
large number of accidents occur every day on Indian
Roads causing)oss of human lives besides loss of limbs D
and other injuries resulting in human tragedies; that the
road traffic accidents have the potential of being one of
the largest challenges to orderly human existence
necessitating immediate intervef,tion. The petitioner has
.1 sought court's intervention primarily in the matter of E
implementation of prevailing laws in the right earnest and
need for changes in such laws and upgradation thereof.
The petitioner has also sought directions for upliftment
of the existing' infrastructure and facilities with regard to
post-accident care and management to minimize loss of F
life and physical ~r,ies to victims of road accidents.
Posting the ,matter fo~ further consideration, the
Court
HELD: 1. Indian roads have proved to be giant killers G
demanding immediate attention and remedial action.
Sucti 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 H
446 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
B have not been very encouraging. The accident and
casualty graphs continue to run on an even keel over the
last several years. [Para 19] [480-A-C]
2. An accident is an incident that happens
unexpectedly and unintentionally. It is occasioned either
C by human failure or human negligence. Viewed from that
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
D 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.
There are the reports of four Working Groups set up by
E 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
F Emergency Care. [Paras 4, 20] (457-D-E; 480-D-E]
2.1.1. ENFORCEMENT of the existing laws,
regulations and norms having a bearing on road safety
can be conveniently sub-divided into different categories
like- licensing; certification of fitness of vehicles; limits
G of use of vehicles i.e. passenger carrying capacity, weight
carrying capacity etc.; use of road safety devices;
adherence to norms including user of roads, and;
deployment of adequate manpower for enforcement of
the existing provisions of law.The provisions of the law
H i.e. Motor Vehicles Act, 1988 governing the aforesaid
S. RAJASEEKARAN v. UNION OF INDIA 447
features of the matter can now be taken note of. A
A. Licensing Section 3 of the Mot.or· Ve_hicles Act,
1988 states that no person shall driv~ a motor vehicle in
a public place without holding a valid driving license. As
per the mandate of Section 6, a p~son cannot hold more
8
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 C
without a driving licence, the owner is liable for
imprisonment upto 3 months or fine upto Rs. 1,000 or
both, under Section 180.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 D
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 E
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. The Court may also disqualify
a person from holding a driving license, apart from F
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 Sub-
Inspector in uniform) if the vehicle is involved in a road G
accident (Section 132); not shifUng 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
H
448 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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) [Paras 22 to 24)
B [481-B-H; 482-A-H; 483-A]
B. Ve11icular Fitness 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
C condition to be used on the public road or is being used
for hire without valid permit, the appropriate authority
under Section 53 can suspend the registration certificate.
Using a .vehicle without registration can result in fine, the
minimum amount of which is Rs. 2,000 and maximum is
D Rs. s;ooo, 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 nc ·
applicable for vehicles used in an em~rgency for the
conveyance of persons suffering from sickness or
E injuries or for the transportation of food or material to
relieve distress or of medical supplies for a like purpose,
per sub-Section (2). A vehicle cannot be used on the road
without proper insurance certificate, as under Section
146. The owner is responsible for obtaining insurance.
F Driving an uninsured vehicle can result in punishment in
imprisonment upto 3 months or fine upto Rs. 1000/- or
both, under Section 196. In cases of vehicles involved in
road accidents, the driver or owner must r.eport such
involvement to the concerned police officer. Failure to do
G 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.
H Moreover, such a vehicle has to be inspected by the
S. RAJASEEKARAN v. UNION OF INDIA 449
· authorized officer of the Motor Vehicles Department A
(Section 136). 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, B
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 c
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. [Para 25] [483-B-H; 484-A-D]
C. Use of Roads The MV Act ·contains several D
provisions regulating the use of roads by motor vehicles.
Section 119 mandates every driver to drive the vehicle in
conformity with traffic signs and prescribed driving
regulations and to comply with all the d!rections given to
him by any Police Officer engaged in the regulation of E
traffic. Under Section 121, the driver must signal his
intention to stop or·take a left or right turn. 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 F
Sectioh 122. Such vehicles may be towed away by Police
and the owner may be charged for towing in addition 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 G
Zone', or parked in a manner that creates a traffic hazard
(Section 127). 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. Under H
450 SUPREME COURT REPORTS [2014] 5 S.C.R.
A Section 183, if a driver of a motor vehicle contravenes the
speed limit, he/she shall be punishable with fine upto Rs.
4001- 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
s 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
c where 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
e~end to ~ix :months, or with fine which may extend to
I
one thousand rupees. In case of repeated offence
0
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
E 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. Under Section 185, punishment for
drunken driving is imprisonment upto 2 years or fine upto
F 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 such a situation with fine upto
Rs. 200/- and Rs. 500/- for subsequent offence. Driving a
G 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. Using vehicla in contravention of permit condition
H can result in fine upto Rs. 5,000/- but not less than Rs.
S. RAJASEEKARAN v. UNION OF INDIA 451
2,000/- for the first offence and imprisonment upto 1 year A
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)). [Para 26] [484-D-H;
485-A-H; 486-A-C]
2.1.2. While improvements in different spheres of law B
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 whic~ takes time. The
legislative procedure is also time consuming. In fact
several amendments in the Motor Vehicles Act are under C
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 D
insisted upon not only as an absolute principle of law but
also for the huge beneficial effects thereof. 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 E
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
F
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
instant writ petition. Observance and implementation of
the directions to be issued by this Court in exercise of
power under Article 142 of the Constitution would require G
a continuing scrutiny and monitoring of such
implementation and make the States accountable for any
. inaction or lapse in this regard~ All the States are
therefore, to be impleaded as party respondents. The
·Registry is directed to issue notice to them. The H
452 SUPREME COURT REPORTS [2014] 5 S.C.R.
A Government of each State is directed 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 specificall'y alluded to in the subsequent
8 paragraphs of the present order. [Para 27] [486-C-G; 487-
A-C]
2.2. Engineering In so far Engineering is concerned,
the concerned departments in the Central Government as
well as the State Governments must make road safety an
C 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
o number of accidents occur. Regular maintenance of all
fiighways 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. It is the duty of the Central and the State
E Governments to ensure the availability of safe roads
worthy of traffic as per the resources available with the
Central and the State Governments. [Para 28] [487-D-G]
2.3. Education The importance of education on road
safety cannot be gainsaid. Such consciousness needs
F 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
G roads and vehicles. Serious consideration on this aspect
of road safety has been expended by the Union
Government. The Union Government is directed to
continue to expend its efforts and all such measures shall
also be implementecM:>y the State Governments. [Para 29]
H [487-H; 488-A-C]
S. RAJASEEKARAN v. UNION OF INDIA 453
2.4.· Emergency So far Emergency is concerned, A
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 samaritans; squabbles between police
stations and administrative authorities over jurisdiction; B
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 centrE!s; the poor condition and lack of adequate c
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 0
problems that have seriously plagued post trauma/
accident care in the country .. 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
E
following the accident. The experiment needs to be
extended by the Central Government to more stretches
of the National Highways besides introduction and
implementation of such measures by the States in the
roads under their control and jurisdiction. [Para 30] [488-
D-H] F
3. 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 G
Governments who are responsible for such
implementation. All such changes or amendments which
are presently under legislative consideration should be
expedited and measures as may be considered
necessary by legislature in its collective wisdom will be H
454 . SUPREME COURT REPORTS {2014] 5 S.C.R.
A brought in the statute book in du& 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 col'lcerned
shall be implemented and directions to so act may be
B construed to have been issued by this Court by the
present order. [Para 31] [489-A-D]
4.1. To ensure the success of the process undertaken,
constant supervision of this Court of the measures
undertaken by the Central Government and the State
C 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. A Committee is
constituted to undertake the process of monitoring on
behalf of the Court. All State Governments as well as
D different Ministries/Departments/Wings of the Central
Government who are currently looking after the lllUlti-
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
E enforcement of all laws pertaining to (i) licensing; (ii)
certification of fitness of vehicles; (iii) limits of use of
vehicles Le. 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
F adequate manpower for enforcement of the existing
provisions of law. 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. The
Committee shall undertake a detailed scrutiny and
G 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. The Committee will submit its report to this
Court within three months after receipt of report from the
H Union and the State Governments indicating and
S. RAJASEEKARAN v. UNION OF INDIA 455
expressing its views on each of the matters referred to in A
the present order including the deficiencies and· the
Idefaults on the part of any of the stakeholders, as may be
found. [Paras 32, 33] [489-F-G; 490-G-H; 491-A-C, E.G]
. CIVIL ORIGINAL JURISDICTION : Writ Peition (Civil) No.
B
295 of 2012.
Under Article 32 of the Constitution of India.
Krishna Kumar, B. Vinodh Kanna, Bhalla P.K. for the
Petitioner. C
Sidharth Luthra, ASG, R.R. Rajesh, Shadman Ali, D.S.
Mahra for the Respondents.
The Judgment of the Court was delivered by
D
RANJAN GOGOi, J. 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 pr<j)fessional body E
of orthopaedic 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 F
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 G
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
H
456 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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.
2. In the context of the aforesaid effort, the petitioner has
set out detailed statistics published by the Ministry of Road
8
Transport and Highways (MoRTH) in the volume "Road
Accidents in India 201 O" highlighting the extent of increai?e of
road accidents and fatal cases between 1970-2010. In the
aforesaid publication in which the relevant figures are pegged
C 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
D 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
E laws and upgradation thereof, though admitted, are yet to see
the light of the day. Besides, victims of road traffic accidents
die 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
F 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
G 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
'-f to human life. Such unabated growth, it may be mentioned, is
S. RAJASEEKARAN v. IJNION OF INDIA . 457
[RANJAN GOGOi, J.]
reflected in the figures beyond 2010 also. In fact, the A
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 the relevant
figures i.e. number of road accidents; fatal cases as well as
serious injury cases. ' B
• 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 C
to survey the different facets of the problem as well as research
and authoritative articles J1ublished on the subject by persons
of eminence. It will, therefore, be necessary to briefly outline
what has been dealt with and indicat.ed in the said reports and
publications.
D
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 E
safety, namely, Engineering, Enforcement, Education and
Emergency Care.
5. According to the Working Group on Enforcement, as on .
date, India has the distinction of having one of the highest F
number of accidents and fatalities on roads. After a detailed
study the Working Group has recommended, in the main, Jhe
following measures for road safety :
(a) Amendment of Motor Vehicles Act to increase fines
and to provide for revision of fines every 3 years G
based on the Consumer Price Index.
(b) . Overloading of coll')mercial vehicles should be
prosecuted under the Damage to Public Property
H
458 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
B 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.
c (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.
D (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.
E (f) Checking of overcrowded passenger vehicles, and
cancellation of permit.
(g) Improvement of road engineering: Concerned
departments must inspect roads where frequent
F accidents occur.
(h) Digitization of driving licenses in the country, so that
defaulters cannot obtain other licenses (upon
cancellation or suspension of their license).
G. (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
H die needlessly due to delay in retrieval and inadequate or
S. RAJASEEKARAN v. UNION OF INDIA 459
[RANJAN GOGOi, J.]
ineffective treatment. In its report the Working Group had A
enumerated the following problems in a~cident and emergency
care delivery in India :
(i) The general public does not possess basic first aid
skills. B
(ii) There is no standardized toll free access number
to call emergency medical help.
(iii) Non availabilit¥ of appropriate and safe transport
for injured patient ir the form of road ambulances, c
air ambulances etc.
(iv) The ambulances are inappropriately/ inadequately
equipped.
(v) There is la,ck of awareness regarding Hon'ble D
Supreme Court of India's directives regarding the
right to emergency c'are f-or RTA victims and the ·
legal protection available to good Samaritans who
offer help to a victim of a road accident.
J
' E
(vi). There is no provision to ensure adequate
co,mpensation to an RTA victim in case the
accident causing vehicle does not have a third party
insurance.
(vii) Majority of the drivers do not have a personal F'
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 G
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. H
460 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 8. Insofar as road safety education is concerned the
following extract from the report of the Working ~roup 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
8
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 driver'"
involved in road crashes are in the age group 20-40 years.
c 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
D 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
E 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
F 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."
G 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
H
S. RAJASEEKARAN v. UNION OF INDIA 461
[RANJAN GOGOi, J.)
make recommenqations for creation of a dedicated body on 1
A
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 B
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 majpr
initiatives under the Policy are :
(a) To promote awareness about road safety issues.
c
(b) To ensure safer road infrastructure by way of
designing safer road, encouraging application of
Intelligent Transport System etc.
D
(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
(e) To take measures to ensure _safety of vulnerable
road users.
(f) To take appropriate measures for enforcement of F
safety laws,
(g) To ensure medical attention for road accident
victims.
(h) To encourage human resource development and G
R&D for road safety.
(i) To strengthen the enabling legal, institutional and
financial environment for promoting road safety
culture in the Country.
H
462 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 10. In an article authored by Justice A.R. Lakshmanan,
erstwhile Chairman of the Law Commission, which appeared
in the newspaper "The Hindu" on 10th July, 2011 a number of
suggestions have been offered for roa'd safety. The most
significant of the aforesaid suggestions and relied upon by the
B 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:
·C The removal and the safe custody of the
vehicles including their loads which hav~
broken down or which have been left
standing or have been abandoned on a
highway;
D
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;
E prohibiting the use of footpaths or
pavem'ents by vehicles or animals;
prohibiting or restricting the use of audible
signals at certain times or in certain places;
F
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
G brigade vehicles;
the control of animals likely to frighten other
animals or pedestrians;
the control of children on highways;
H
S. RAJASEEKARAN v. UNION OF INDIA 463
[RANJAN GOGOi, J.]
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;
.(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:
464 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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;
B
the badges and uniforms to be worn by
drivers;
the fees to be paid for permits, driving
licences, duplicate copies of permits or
c driving licences, plates, badges, and
appeals preferred before statutory
authorities;
the limiting of the number of public vehicles
D 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
E freights;
the maximum number of passengers or the
maximum quantity of goods that may be
carried in a public vehicles;
F
the conditions subject to which passengers,
luggage or goods may be carried in a public
vehicle;
the construction and fittings or and the
G 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;
H
S. RAJASEEKARAN v. UNION OF INDIA 465
[RANJAN GOGOi, J.]
(d) It has been suggested that the State Governments A
notify the following Regulations for Traffic Personnel
to enforce discipline in regard to :
Non-observance of traffic rules;
Jumping the red light; B
Crossing the red ·light;
Driving without valid licence;
Driving under the influence of liquor/drugs; c
Driving while talking on the mobile;
Driving without helmet;
Overloading of passengers in autos. In D
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 E
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.
F
~":;
Over-speeding, crossing the yellow line or
··j violating traffic rules by scooter/motorcycle;
Violation of traffic signals on a one-way road
or complete violation of the traffic signal; G
"Jam-packed" or extremely crowded stage
carriages;
Confiscation of Vehicles fitted with LPG
H·
466 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
8
collection centres to keep overloading of
vehicles under check;
Round-the-clock mobile court/mobile policing
of roads, not limited to peak hours.
c
Digging of roads by various public utility
agencies, like Telephone or Electricity
Corporations, causing inconvenience to
road-users.
D 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
E 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.
F 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
G 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
H
S. RAJASEEKARAN v. UNION OF INDIA 467
[RANJAN GOGOi, J.]
Groups and the other publications and views referred to, the A
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 B
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
c
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 D
targets.
(b) Directions to ensure:
(i) Liability of IRDA in case person is denied . E
treatment due to delay in sanction of
insurance money.
(ii) Equal, if not higher, compensation to those
persons injured as is given to those who
have died as a result of the RTA. F
(iii) All vehicles must have compulsory third-party
insurance. Currently, 22% vehicles are
uninsured.
(iv) Liability for emergency expenditures of G
injured, so that the injured/their family do not
have to take recqurse to touts.
(c) Directions to R-2 for strict enforcement of traffic
violations, since every_ traffic violation is a potential H
468 SUPREME COURT REPORTS [2014) 5 S.C.R.
A 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').
B
(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
c are used for transportation alone and not other
purposes such as hawking, religious processions,
marriages etc. ·
(e) Road safety education should be incorporated in
D 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
E 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
F 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
G the basis of the criteria of ability to drive
alone.
(iv) Licensing should be based on biometrics to
·prevent multiple licenses issued to one
H person.
S. RAJASEEKARAN v. UNION OF INDIA 469
[RANJAN GOGOi, J.]
(v) Computerized licensing to track offences A
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 8
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- C
worthiness of vehicle, periodic license
renewal etc.
13. The Respondent No. 1, namely Ministry of Road '
. Transport & Highways (MoRTH) has filed a detailed counter o
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 E
affidavit will have to be noted in some detail to comprehend
the steps that have been undertaken and also 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 F
Government of India has approved the National
Road Safety Policy. The salient features of the said
POiicy are:
" promoting awareness, establishing road safety G
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
H
470 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
B 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
c to the objects of the Act, specify."
(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
D 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,
E 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
F 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
G
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
H
S. RAJASEEKARAN v. UNION OF INDIA 471
[RANJAN GOGOi, J.]
replicated at State Register/National Register in A
Asynchronous Mode. The National and State
Registers are customized with portal VAHAN &
SARATHI software for compiling/ digitizing the data
on DLs and RCs respectively. State Transport
Departments and Enforcement agencies have B
been provided access to the data on National
Register and State Registers."
(d) Insofar as fitness certificates for commerciai
vehicles under Section 56 of the Act is concerned,
according to the Respondent No. 1, it is the States
c
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 D
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
(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 F
, 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
G
framework of the Central Motor Vehicles Rules is
under consideration. In its counter affidavit, the
Ministry has also stated that a Committee has been
set up to make recommendations for a National
Helpline for road accident victims based on a
H
,, '
472 SUPREME COURT REPORTS [2014] 5 S.C.R.
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.
B (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
c 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.
D
(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
E Ministry it has issued a Circular dated 20.6.2013
to all State Governments to enforce the aforesaid
provision of the Act.
(h) Insofar as licensing and prescription of minimum
education and qualification for drivers is concerned,
F 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 ' up to
recommend staffing norms for the office of Motor
G 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
H
S. RAJASEEKARAN v. UNION OF INDIA, 473
{RANJAN GOGOi,- J.]
centres with the jurisdictional RTO for conducting A
necessary tests before issuing driving licenses: ;
(i) Refresher training course for heavy vehicle grivEfff! ·
are being organized to inculcate safe driving habits
and to acquaint the drivers with the rules to be B
followed while using the roads.
0) Publicity measures and awareness campaign of
road safety is carried. out through DAVP,
Doordarshan, All India Radio and newspapers ;md
a suitably designed system throughout the country c
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 0
will replace the presently visual inspectior:i:;of
vehicles which is in force.
(k) Insofar as post-a_ccident medical· response is
concerned, it is stated that the Ministry of Health and
E
Family Welfare (MoHFW) has established trauma
centres in State Government hospitals to t1ie exti#1t
possible and during the 11th Plan the MoHFW had
identified 140 government hospitals in 16 States
along the golden quadrilateral high\·vay· for
F
establishing trauma care facilities. The scheme is
proposed to be extended to another 85 governrn~nt
hospitals during the 12th Plan and such facilities,will
be located near or on the national highways. .,'-I ·
(I) A pilot project has been introduced along a str~tch G
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 H
474 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
B the victims to 140 identified hospitals had been
provided in different States. 24 interceptors have
been sanctioned 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
c that following the decision of the Supreme Court in
Pt. Parmanand Katara vs. Union of lndia 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
D
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
E 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.
F
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
G Traffic Management Board (NRSTMB) has been emphasised.
The said Board is intended to act as a lead agency to oversee
road safety and traffic management activities in the country. The
functions of the Board as stipulated in the Bill include
H 1.(1989) 4 sec 2s6.
S. RAJASEEKARAN v. UNION OF INDIA 475
[RANJAN GOGOi, J.]
specification of standards for construction and maintenance of A
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 B
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 tbe
Board is merely a recommendatory body and is a further
addition to the several other, existing bodies acting in an c
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
affidavit as a move to ensure payment of higher/substantial D
compensation to victims of road accidents.
The Bill amends sub-section (3) of Section 163A
permitting the Government to revise the ?mount or multiplier
specified in the Second Schedule every three years, based E
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 F
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. G
(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.
H
476 SUPREME COURT REPORTS [2014] 5 S.C.R.
A (c) Multiply 'the p iven annual income by the
appropriate multiplier to arrive at compensation
amount, sut;>ject to following. namely:-
• • r
(i) T~e amount of compensation payable for
Permanent Total Disablement as defined in
B
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.
c (ii) The amount of compensation so arrived shall be
reduced by 1/3rd in respect of fatal accidents
(reduction of 1/3rd represents living expenses for
deceased person, had he been alive).
0 The maximum annual income ;for calculation of
compensation is pfoposed to be fixe<i at Rs.1 lakh as ag~in~t
the present amount 6f Rs.40,000/-. The minimum comperJsatjen
amount payable is increased to Rs:1 lakh from the erstwhile
Rs.50,000/-. In casei''O( death of non-earning person, the
E 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
y~rs of age. Where such a person is grievously injured in an
accident, the maximum compensatio11 that may be awarded is
Rs.50,000/-. In case of non-grievous injuries, the non-earning
person may be awar~ed a maximum compensation of
F Rs.20,000/-. The BiO' 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
G 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.
H
S. RAJASEEKARAN v. UNION OF INDIA 477
[RANJAN GOGOi. J.]
1~. The narration above.· indicates the enormity of the A
, problem; the issues connect~¢ therewith; the suggestions made
in different quarters for resolution and the attempts to provide
a solution. The mo~aic 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 B
possible, so far as the present is 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 c
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 D
lakhs kilometers which is possibly the second largest network
in the world after the U.S.A. While Express Highways courit 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 E
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 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 F
available in respect of ttie 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 G
specific mention that while the death rate in China, which had
stood at par w~b-lndia at a certain-potht of time, has shown a
significant downward trend in case of India the said figures has
shown a disturbing increase. ' ·
H
478 SUPREME COURT REPORTS [2014] 5 S.C.R.
A A - Data on RTAs
Country Road Number Number Deaths Serious
network of .of injuries
(km) vehicles Accidents
8 India 46,89,842 11,49,53,000 4,30,654 1,26,896 4,66,600
Source:
"Accidental
Deaths &
Suicides in
c India, 201 O",
National
Crime
Records
Bureau.Year
: 2009
D
USA 65,86,610 25,41,66,000 1,08,00,000 33,808 22,17,000
Source:
US Census
Bureau
E Year: 2009
UK 3,94,428 3,42,00,000 1,64,000 2,222 2,20,000
Source:
Department
F for Transport
Year: 2009
China 41,06,387 20, 70,61,286 - 70, 134 -
Source:
"Global
G Status
Report on
road safety,
2013",
WHO
H Year: 2010
S. RAJASEEKARAN v. UNION OF INDIA 479
[RANJAN GOGOi, J.]
.
Brazil 15,80,9646,48, 17,974 - 37,594 - A
Source:
"Global
Status
Report on B
road safety,
2013", WHO.
Year: 2010
B - Data of relative figures in respect of China & lndia 2
Number of Road Accidents
c
Year China India
2004 5,17,889 4,29,910
2005 4,50,254 4,39,255
D
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
E
Number of Persons Killed
Year China .. India
.
2004 1,07,077 92,618
2005 98,738 -B4,968 F
2006 89,455 1,05,749
2007 81,649 1,14,444
2008 73,484 1,19,860
2009 67,759 1,25,660 G
19. The facts mentioned above would leave no room for
doubt that Indian roads have proved to be giant killers
2. Source: "Statistical Year Book of lndia-2014" published by the Ministry of
Statistics and Programee Implementation. H
480 SUPREME COURT REPORTS [2014] 5 S.
A demanding +rnmediate atte.ntion and remedial action. Such
attention ana· 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
B 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 casualty graphs continue to run
c 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
D happening. The history of humankind has been one of
conquests over the inevitable. The resignation to fate has never
1 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
E 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
F Constitution.
21. Havir.ig considered all the relevant facts and also the
suggestions that have come from the different quarters it
appears to us that the four-dimensional approach that the
G Government had earlier attempted by setting up four different
working groups to go into the four issues of road safety,
namefy, 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.
H
S. RAJASEEKARAN v. UNION OF INDIA 481
[RANJAN GOGOi, J.]
i
Enforcement A
·•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;. B
(ii) certification of fitness of vehicles;
(iii) limits of use of vehicles i.e. passenger carrying
capacity, weight carrying capacity etc.; c
(iv) . use of road safety devices;
(v) adherence to norms including user of roads, and;
·(vi) deployment of adequate manpower for enforcement 0
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.
E
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
F
of Section 6, a person cannot hold more than one such license.
Further, See>tion 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 G
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.
H
482 SUPREME COURT REPORTS [2014] 5 S.C.R.
A (II) Under Section 19, the licensing authority m~y
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,
B 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
c danger to the public, etc.
(Ill) 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):
D
not stopping the vehicle when required to do so by .
any Police Officer (not below the rank of Police Sub-
Inspector in uniform) if the vehicle is involved in a
road accident (Section 132)
E
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
F· 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
G the influence of drugs (Section 185)
driving dangerously (Section 184)
racing and trials of speed (Section 189)
H
S. RAJASEEKARAN v. UNION OF INDIA 483
[RANJAN GOGOi, J.]
A
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 B
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
authority under Section 53 can suspend the registration
certificate. c
(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 D
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).
E
(Ill) 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. F
(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). G
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). ~
484 SUPREME COURT REPORTS [2014) 5 S.C.R.
A (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
B 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 prescribed in relation to road safety, control
of noise and air pollution is fine amount upto Rs.1,000/- for the
c 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
D 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
E 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.
(Ill) Leaving a vehicle at rest on any public place in
such a way as to cause or likely to cause danger, obstruction
F or undue inconvenience to other road users is an offence under
Section 122. Such vehicles may be towed away by Police and
the owner m~y be charged for towing in addition 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
G 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
H
S. RAJASEEKARAN v. UNION OF INDIA 485
[RANJAN GOGOi, J.]
standard, while riding a motor cycle in a public place, is A
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 8
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, C
having regard to all the circumstances of the case including
nature, condition and use of the place where 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 D
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 E
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.
F
(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 9riving in such a situation with G
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
H
486 SUPREME COURT REPORTS [2014] 5 S.C.R.
A 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
8
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
C 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 amendments in.the Motor
Vehicles Act as indicated in the earlier part of this order are
under consideration. While such changes or amendments can
D 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.
E 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
F 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
G the present writ petition. Though we are inclined to accept that
directions to the 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
H
S. RAJASEEKARAN v. UNION OF INDIA 487
[RANJAN GOGOi, J.]
Article 142 of the Constitution would require a continuing A
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 ~overnment of each State to B
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. c
Engineering
28. In so far as road ~ngineering is concern~d, the
concerned departments in the Central Government as well as
the State Governments must make road safety an integral part D
,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 E
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 F
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 avqilable to the
Central and the State Governments. We accordingly direct the
respective Governments to act accordingly.
G
Education
29. The importance of ed.ucation on road safety cannot be
gainsaid. Such consciousness needs to be developed
I .
amongst
all citizens and should be inculcated from a young age. The H
488 SUPREME COURT REPORTS (2014] 5 S.C.R.
A 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
s Government details of which measure have been noted earlier.
We direct the Union Government to continue to expend its
efforts aAd all such measures shall also be implemented by the
State Governments.
Emergency
c
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
attenti9n. Lack of adequate number of good samaritans;
D 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
E 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
F 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
G hours following the accident. The experiment needs to be
extended by the Central Government to more stretches of the
National Highways besides introduction and implementation of
such measures by the States in the roads under their control
and jurisdiction.
H 31. The sum total of the discussions above is that all
S. RAJASEEKARAN v. UNION OF INDIA 489
[RANJAN GOGOi, J.]
A
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 8
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, C
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 concerned, what has been initiated D
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.
E
- 32. We are aware that the journey that has been
undertaken would be long an.d arduous. It is difficult to visualise
when the same would end, if at all. To ensure the ~uccess of
the process undertaken, constant supervision of this Court of
the measures undertaken by the Central Government and the F
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 G
on behalf of the Court. The Committee will have the following
composition and shall function in the manner indicated below:
H
490 SUPREME COURT REPORTS [2014] 5 S.C.R.
A Composition of Committee
SI. Name
No.
1. Hon'ble Mr. Justice K.S. Radhakrishnan Chairperson
8
Judge, Supreme Court of India
(Effective from 15th May, 2014)
2. Mr. S. Sundar Member
Distinguished Fellow, TERJ Former
c Secreti;lry, Ministry of Surface Transport,
Government of India
3. Dr, (Mrs.) Nishi Mittal Member
Ex. Chief Scientist, CRRI,
D Formerly HoD, Traffic Engineering and
Safety (TES},
Central Road Research Institute
33. (I) The composition of the above Committee will
be notified by the Ministry of Road Transport and
E Highways, Government of India forthwith.
(II} The Committee will have its office in the national
capi~al and requisite infrastructure including
manpower will be provided by the Central
F Government.
(I II) 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
G with prevailing norms.
(IV) All State Governments as well as different
Ministries/Departments/Wings of the Central
Government who are currently looking after the
H multi-dimensional issues pertaining to road safety
S. RAJASEEKARAN v. UNION OF INDIA 491
[RANJAN GOGOi, J.]
will submit their first report tp the Committee within A
three months from today indicating· the state of
I
implementation and entbrcement 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 s
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 C
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 D
on the suggestions/recommendations of the
different bodies/persons ncticed and mentioned in
the present order which are presently n.ot under
implementation.
E
(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.
F
(VIII) The Committee wiH 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 G
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
H
492 SUPREME COURT REPORTS [2014] 5 S.C.R.
A this Court on the expiry of six months from today along with the
report (s) as may be submitted pursuant to the present order.
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.
8
Devika Gujral Matter Adjourned.
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