2002 Supreme(Chh) 39
2002(2) C.G.L.J. 1
HIGH COURT OF CHHATTISGARH, BILASPUR
Hon'ble Shri Fakhruddin, V. Judge
OFFICE REFERENCE REGARDING ROAD ACCIDENTS
W.P. Nos. 1026 of 2002, 1027 of 2002 & 1029 of 2002
Decided on : 29-5-2002.
Dr. Nirmal Shukla, Additional Advocate General, Shri Sanjay K. Agrawal, Deputy Advocate General and Shri P.S. Koshy; Govt. Advocate, for the State.
Shri A.S. Gaharwal, Sr. Standing Counsel with Shri V.V.S. Murry, Standing Counsel for Union of India.
Sarva Shri Vivek Tankha, Senior Advocate, Prashant Jayaswal, Manindra Shrivastava and Ms. Sangeeta Mishra, Advocates appears as Amicus Curiae.
The main legal point established in the judgment is the duty of the driver to secure medical attention for the injured person, the punishment for contravening Act provisions, and the importance of arresting without warrant. The judgment also emphasizes the requirement for endorsement by courts, compliance with accident information report, and the establishment of driving schools.
Headnote:
Road Accidents - Motor Vehicles Act - Sec. 134, Sec. 177, Sec. 180, Sec. 202 - The court addressed the matter of frequent road accidents and highlighted the need for compliance with the Motor Vehicles Act and traffic rules. It emphasized the duty of the driver to secure medical attention for the injured person, punishment for contravening Act provisions, and the importance of arresting without warrant. The court also stressed the requirement for endorsement by courts, compliance with accident information report, and the establishment of driving schools. It urged the State to take action and emphasized the responsibility of the public and state functionaries in curbing road accidents.
Fact of the Case:
The matter related to frequent road accidents highlighted by newspapers, leading to deaths and injuries. The court considered it a great social menace and a challenge on a socio-legal problem.
Finding of the Court:
The court found that compliance with the Motor Vehicles Act and traffic rules is essential to address the issue of road accidents. It emphasized the duty of the driver to secure medical attention for the injured person, the need for punishment for contravening Act provisions, and the importance of arresting without warrant. The court also stressed the requirement for endorsement by courts, compliance with accident information report, and the establishment of driving schools. It urged the State to take action and emphasized the responsibility of the public and state functionaries in curbing road accidents.
Issues: The issues involved the compliance with the Motor Vehicles Act and traffic rules, the duty of the driver to secure medical attention for the injured person, punishment for contravening Act provisions, the importance of arresting without warrant, the requirement for endorsement by courts, compliance with accident information report, and the establishment of driving schools.
Ratio Decidendi: The court emphasized the duty of the driver to secure medical attention for the injured person, punishment for contravening Act provisions, and the importance of arresting without warrant. It also stressed the requirement for endorsement by courts, compliance with accident information report, and the establishment of driving schools. The court urged the State to take action and emphasized the responsibility of the public and state functionaries in curbing road accidents.
Final Decision: The court disposed of the matter with directions for compliance with the Motor Vehicles Act and traffic rules, urging the State to take action and emphasizing the responsibility of the public and state functionaries in curbing road accidents.
1, This is office reference. The matter relates to the deaths occurred in frequent road accidents, highlighted by various newspapers. W.P. No. 1025/2002 has been registered in view of the matter published in English Daily dated 17-5-2002. Similarly, W.P. No.1 027 of 2002 and 1029 of 2002 have been registered in view of the matter published in Hindi Daily. Nav Bharat dated 15-5-2002 and Hari Bhoomi dated 17-7-2002 and Bhaskar. Practically all the newspapers of Hindi and English being published and circulated have highlighted the deaths occurring in frequent road accidents. Certain newspapers have mentioned in their columns expressing their deep concern. All these have been registered separately. It is reported that the increasing incidents of road mishaps resulting in cutting short people's lives should be a matter of serious concern for Chhattisgarh administration. Some newspapers have come forward with certain suggestions. It is generally contended in the articles/columns of newspapers that because of lack of mass awakening and poor implementation of traffic rules and regulation the incidents frequently occur. It is also imperative for the authorities to think of creating awarness among villagers about the dangers and risk of availing services of the illegal mini-bus or tractor operations. There is also need to come down heavily on driving in an inebriated condition.
2. It is a socio-legal problem. Compliance of Motor Vehicles Act and rules is must in proper perspective by the public at large as well as the administration. State is always obliged to ensure the compliance of Motor Vehicle Act and traffic rules by the public as well as its officials. Some suggestions regarding less possibility of accidents i.e. establishment of Transport Nagar and Ring Road have been made. Over loading in Jeeps, Mini-buses, Maxi-Cab, taxies is a regular phenomenon and it is not being controlled by the authorities. In this connection, Bilaspur city, has also been highlighted about these accidents occurred within two weeks in which many persons have died. These newspapers have also highlighted the high speed within the municipal area, and' some measures are required to be adopted to control high speed.
3. The English Daily 'Hitawada' in its publication dated 17-5-2002 highlighted that 11 people died and 14 others were seriously injured when a loaded tractor with marriage party fell in a canal near village Gatora under Masturi jurisdiction and in its edi1oria1 column it has been stated that experience shows that such accidents take place usually at the time when the marriage season is at its peak. People not able to hire an authorized government undertaking bus or another vehicle, operating with necessary permits, turn to the clandestine road transport operators, plying vehicles in total disrespect of the prescribed rules and regulations and the reason behind it not far to seek. As many as fifteen lives were lost in two separate road accidents occurring in the Bilaspur and Durg districts in less than 24 hours. It is pointed out that the moot question, however, is why in the first place, such illegal operations are allowed in the rural segments by the administration. Reports also indicate that these illegal operators continue to fleece the traveling public in mishaps stands testimony to this. Unless the authorities decide to crack down on all illegal operators and deal with them sternly, there is every possibility of many more fatal mishaps taking place. Efforts must be made to prevent all illegal road transport operations. It is also reported that sometimes, due to accidents law and order problem arises and the cases are registered as it happened in Kota (Bilaspur) accident where a young lawyer died as a result of accident and it has invited wrath of local people and ultimately the furious mob adopted agitational approach causing damage to the public property.
4. This Court has considered the matter as great social menace and challenge on socio-