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2013 Supreme(Del) 1345

J.R.MIDHA
Satya Prakash – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appearing Parties:Surinder S. Rathi, AD & SJ/OSD, DSLSA, Dayan Krishnan, ASC, J.P. Sengh, Sr. Adv, Manoj Taneja (Amicus curiae), Vikram Chauhan, Aditya Singla, Sidharth Luthra, Additional Solicitor General of India, Dr. Vijendra Mahndiyan, Ms. Pallavi Awasthi, Bhim Sharma, Sourabh Ahuja, Pradeep Dahiya, Manoj Sharma, Kapil Kaushaik, Jayant K. Sud, Ujas Kumar, Hitesh Kumar Saini, Kamlesh Kumar, Sunil Kumar, Ms. Seema Sharma, Ms. Preeti Saikia, A.K. Singh, Ms. Tripat Kaur, Ms. Sunita Kapil, Varun Jamwal, Anirudh Singh, Anupam Lal, Aditya Gaur, Jitender Saini, Nishit Kush, Shyam S. Sharma, Ms. Shahbhavi Sinha, Durgesh K. Dwivedi, Subodh K. Pathak, Vinod Kumar, Arvind Singh, Vipin Raghav, Nitesh Mehra, K.K. Bharat, Ms. Manjusha Wadhwa for Oriental Insurance Co. Ltd. Ms. Suman Bagga for Bharti Axa General Insurance Co. Ltd., Future Generali Insurance Co. Ltd., ICICI Lombard General Insurance Co. Ltd., Cholamandalam General Insurance Co. Ltd. and Royal Sundaram Alliance Insurance Co. Ltd., Ms. Shantha Devi Raman, nominated counsel for IFFCO Tokio & Future Generali Insurance Co. Ltd., Advocates.

Judgment :

1. Road accidents are a human tragedy, which involve a high degree of human suffering. The ramification of road accidents can be colossal and their negative impact is felt not only on individuals, their health and family welfare, but also on the economy of the country. They impose a huge socio-economic cost in terms of untimely deaths, injuries and loss of potential income. The World Health Organisation Global Status Report on Road Accidents, 2013 (in short WHO Report of 2013) estimates GDP loss due to road traffic accidents in our country to be 3 per cent which is higher than emerging and emerged economies like Russia (1.9), Mexico (1.7), Malaysia (1.6), Brazil (1.2), Turkey (1.1), Korea (1.1), New Zealand (0.02), United Kingdom (1.2), and United States (2.3).

2. Our country has the dubious distinction of having the highest number of road accidents. According to the latest report of Road Transport Ministry, 4,90,383 road accidents were reported in 2012 resulting in 1,38,258 deaths i.e. an average of one road accident every minute resulting in one death every 3.8 minutes which is highest in the world. According to the WHO Report of 2013, India counts for about 10 per cen















































































































































































































































































































































































































































































































































































































































































































































































































































































































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