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2016 Supreme(Chh) 108
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Gupta & Sanjay K. Agrawal, JJ.
Subas Muduli – Petitioner
Vs.
State of Chhattisgarh – Respondent
Writ Petition (PIL) No. 32 of 2015
Decided On : 13-06-2016
For the Petitioner:Shri Kshitij Sharma, Advocate appears as Amicus Curiae.
For the Respondent:Shri A.S. Kachhawaha, Additional Advocate General.
Headnote:
Motor Vehicles Act, 1988 - Section 56 - Chhattisgarh Motor Vehicles Rules, 1994 - Rules 76B and 76C – Claim of compensation - Wheels of justice - Highly avoidable accident - These lines from book Wings to Fly authored by former President of India are aptly applicable to facts of this case - Wheels of justice were set in motion on account of a letter written by an unfortunate father who lost his young son aged about four years in a highly avoidable accident - This young boy was crushed under wheels of a bus which was supposed to take him to his school where he was expected to learn and earn his wings to fly – Unfortunately because of this accident instead of flying this young cherubic boy met an untimely end - Unfortunate father wrote a letter to Chief Justice of this Court not claiming any compensation or any relief personal to him but only praying that Court may take action to ensure that such unfortunate accidents are avoided in future – Held, There may be schools which cater to less privileged sections of society which may not be able to afford buses - Children studying in schools may have to travel by cars vans auto-rickshaws and other such vehicles - It shall be duty of authorities to ensure that both Motor Vehicles Act and Rules framed there under are followed and implemented in letter and spirit so that safety of children studying in such schools is also ensured - Court may add that Rules 76B and 76C of Chhattisgarh Motor Vehicles Rules, 1994 cannot be permitted to be violated even by other operators who carry on business of taking school children to school and back to their houses for money - Court further direct Principal Secretary to Government of Chhattisgarh School Education Department to ensure that publicity is given to Chhattisgarh Motor Vehicles Rules, 1994 as amended by way of publication of relevant portion of Chhattisgarh Motor Vehicles Rules, 1994 in print and electronic media - Court further direct said Principal Secretary that he shall ensure that a copy of this order along with amended Rules 76B and 76C of Chhattisgarh Motor Vehicles Rules, 1994 shall be sent to all District Education Officers of State and to all Principals/Heads of Schools running in State of Chhattisgarh and in turn Principals/Heads of Schools shall ensure that their School Management Committees and parents of students studying in their Schools are made aware of this order of Court and Rules 76B and 76C of Chhattisgarh Motor Vehicles Rules, 1994 - Court place on record appreciation for valuable assistance rendered by Amicus Curiae Sharma Advocate - Petition stands disposed
Deepak Gupta, J.
1. Wings to Fly You were born with potential. You were born with goodness and trust. You were born with ideas and dreams. You were born with greatness. You were born with wings. You are not meant for crawling, so don't, you have wings. Learn to use them, to fly.
2. These lines from the book "Wings to Fly" authored by Shri A.P.J. Abdul Kalam, former President of India, are aptly applicable to the facts of this case.
3. The wheels of justice were set in motion on account of a letter written by an unfortunate father who lost his young son aged about 4 years in a highly avoidable accident. This young boy was crushed under the wheels of a bus which was supposed to take him to his school where he was expected to learn and earn his wings to fly. Unfortunately, because of this accident, instead of flying, this young cherubic boy met an untimely end. The unfortunate father wrote a letter to the Chief Justice of this Court not claiming any compensation or any relief personal to him, but only praying that the Court may take action to ensure that such unfortunate accidents are avoided in the future.
4. Notice was issued by this Court on 3.8.2015 asking the State to file its reply as to what action it proposes to take. We place on record our appreciation for the positive attitude of the State. It did not treat the litigation as an adversary, but showed its sensitivity to the delicate matter in issue. The State has responded by amending the Motor Vehicles Rules, 1994. Rules 76B and 76C of the Chhattisgarh Motor Vehicles Rules, 1994 have been incorporated by the amendment and read as follows:
"76-B. Conditions for school bus permit.- Subject to the provision of sub-section (2) of Section 74 the following conditions shall be attached to every school bus Permit, namely:-
(1) Each bus shall be painted in yellow colour and "School Bus" shall be written in front and rear of the vehicle under sub-rule (5) of rule 114 of Chhattisgarh Motor Vehicle Rules, 1994. The name, address and telephone/mobile number of the School shall be written on a 09 inch broad strip on outer side of the school bus on both the sides.
(2) The buses shall have a horizontal grill fitted on the windows.
(3) Each school bus shall have first aid kit and fire extinguisher.
(4) Each school bus shall have an attendant trained in first aid, safety of students and in dealing with emergency situations who shall assist students in boarding and de-boarding.
(5) The school buses shall be operated by such drivers who have held permanent driving license and have minimum five years experience in driving heavy vehicle.
Such drivers will not be employed who have been challaned on more than two occasions in one year for offences like violating lane system, violating signal lights or allowing an authorised person to enter. A driver who has been challaned even once for the offence of over speeding, drunken driving and dangerous driving shall not be employed. An affidavit to this effect shall be obtained by the educational institution from the driver of the vehicle.
(6) Other than students, the school bus is permitted to carry only guardians of students or teacher of educational institution who may travel to check safety norms. No other person shall be allowed to travel in such buses.
(7) Each school bus shall have space to keep school bags under the seat.
(8) The School buses shall operate within the prescribed speed limited. Each bus shall be fitted with speed governor.
(9) Each school bus shall have an emergency door on the right side which shall be closed properly and shall be opened only in emergency.
(10) The doors of the school buses shall be fitted with reliable locking system.
(11) Colored films on glasses and curtains shall not be used on the windows of the school buses. Security glasses as provided in rule 100 of the Motor Vehicle Rules, 1989 shall be used.
(12) No pressure horn shall be fitted in school buses. During operation at night the school buses shall have blue color
