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2012 Supreme(SC) 299
Supreme Court of India
B.S. CHAUHAN & JAGDISH SINGH KHEHAR, JJ.
Chairman, R.S.R.T.C. & Another
Versus
Santosh & Others
Special Leave to Appeal (Civil) No. 3265 of 2012
Decided On : 13-04-2012
'Jugaad' vehicles are defined as 'Motor Vehicles' under Section 2(28) of the Motor Vehicles Act, 1988, and must comply with all statutory requirements, including registration, insurance, and licensing, to ensure legal liability is enforceable in the event of accidents.
Headnote:(A) Motor Vehicles Act, 1988 - Section 2(28) - Definition of 'Motor Vehicle' - Status of 'Jugaad' - Circulars issued by central authorities clarify that 'Jugaad' falls within the definition of Motor Vehicle - All states are under legal obligation to enforce the same - Plying such vehicles without registration, insurance, or valid driving licenses violates provisions of the Act - Failure to regulate these vehicles leads to difficulties in enforcing liability in case of accidents.
Facts of the case:
The matter concerns the legal status and regulation of 'Jugaad' vehicles. Central government instructions had clarified that these vehicles are 'Motor Vehicles' under the law; however, it was submitted that state authorities have failed to enforce these directions.
Findings of Court:
The court noted that 'Jugaad' vehicles violate the provisions of the Motor Vehicles Act as they typically lack registration, insurance, and properly licensed drivers, which complicates the enforcement of liability after accidents.
Issues: Whether 'Jugaad' vehicles are covered under the definition of 'Motor Vehicle' under Section 2(28) of the Motor Vehicles Act, 1988, and the extent of state enforcement of regulations regarding these vehicles.
Ratio Decidendi: As 'Jugaad' vehicles fall within the statutory definition of 'Motor Vehicle', they must adhere to all legal requirements; their unregulated use is a violation of the Motor Vehicles Act.
Result: All States impleaded suo-moto as party respondents and directed to produce relevant circulars issued by their respective transport authorities.
Legal Category Hierarchy
-
motor vehicle law
- definition of motor vehicle
- registration
- insurance
- driving license
- liability for accidents
-
administrative law
- state obligation to enforce central circulars
-
practice and procedure
- suo motu impleadment of parties
Judgment :
In pursuance of our earlier order dated 6.2.2012, Mr. H.P. Raval, learned Additional Solicitor General has produced the circulars issued by the Ministry of Shipping, Road Transport and Highways dated 26th July, 2007 and various other documents issuing instructions to all State transport authorities clarifying that the Jugaad falls within the definition of Motor Vehicle as defined under Section 2(28) of the Motor Vehicles Act, 1988 and all the States are under legal obligation to enforce the same. Thus, no person should be permitted to ply a Jugaad as it violates all the provisions of the Motor Vehicles Act, forthe reason that it does not have any registration with the transport authority nor it is ensured and the driver may not even have a driving licence in some cases. In case of accident etc., the liability under the provisions of the Motor Vehicles Act may not be properly enforced.
It has been pointed out by Mr. Raval, learned ASG that most of the State authorities have not enforced the said circular or clarification made by the Central Government.
In view of the above, the Court suo-moto impleads all the States through the respective Transport Secretary/Commissioner as the party respondents. Rajasthan State Road Transport Corporation may serve a copy of the petition upon all Standing counsel of the States. They may take instructions within four weeks and produce any circular issued by the Transport Authority of that State before this Court.
List this matter immediately on re-opening after the summer vacation.
