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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, P.G. Ajithkumar, JJ.
Suo Motu – Petitioner
Versus
State of Kerala, Represented By The Secretary/Joint Secretary To Government, Transport Department And Ors. – Respondents
SSCR NO. 20 OF 2021
Decided On : 10-01-2022
Motor Vehicles Act, 1988 - Section 56(1), 56(2), 56(3), 56(4), 56(6), 60, 39, 109, 110, 111, 118, 215, 88(9), 110(1)(o), 111(2), 74, 194F, 92(2)(xviii), 177A, 190(1) to (4), 200, 177, 178, 179, 180, 181, 182, 182A(1), (3) and (4), 182B,183(1) and (2), 184, 186, 189, 190(2), 192, 192A, 194, 194A, 194B, 194C, 194D, 194E, 194F, Section 196 -Motor Vehicles (Amendment) Act, 2019 - Section 23(i), 23(ii), 23(iii), 23(iv), 79, 59, 65, 72(i) (a) to (c), 86, 88 – Central Motor Vehicles Rules, 1989 - Rule 62(1), 104, 63(5), 124, 126, 119(1), 100(2) - Kerala Motor Vehicles Rules, 1989 - Rule 359(1) - Functioning of Safe Zone Project – Accident prone routes – Contract carriages carrying Sabarimala pilgrims – Standards for the components and parts of motor vehicles; concern for road safety standards and pollution control measures – Certification of fitness of transport vehicles.
Finding of the Court:
Various objects have been placed/hanged in front of the windscreen of contract carriage bearing No.AP05/TT-7929, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 339 of the Andhra Pradesh Motor Vehicles Rules, which is pari materia to Rule 278 of the Kerala Motor Vehicles Rules. As per the report of the Joint Regional Transport Officer, the said contract carriage hit on the rear of Tempo Traveller bearing No.AP-39/TB-1599, which moved forward and ran over two passengers (Sabarimala pilgrims) who were standing on the road, in front of that Tempo Traveller. The image of another Tempo Traveller involved in an accident, which occurred on 22.12.2021, along Edappally-Vyttila stretch of Ernakulam bypass in National Highway-66, is reproduced hereinbefore at paragraph 78. In that accident, sixteen Sabarimala pilgrims from Telangana, which included two children aged 11 and 13 years, sustained injuries. As per the news report, the Tempo Traveller in which they were travelling rammed into a lorry – Most of the transport vehicles in the State are being used on public place without maintaining lighting and light signalling devices and also retro-reflectors, at rear, as per the individual specifications specified in AIS-008. Transport vehicles, which do not have proper reverse lamp with white light, poses potential threat to the safety of other road users.
Result: Directions issued.
ORDER :
Anil K. Narendran, J.
The Special Commissioner, Sabarimala, has filed this Report regarding the functioning of Safe Zone Project, Sabarimala, by the Motor Vehicles Department, with offices at Elavunkal, Erumeli and Kuttikkanam. The project provides for accident and break down assistance for motor vehicles and also rescue operations in motor accidents. Under Safe Zone Project, teams of officers in vehicles patrol the accident prone routes covering Elavunkal, Erumeli and Kuttikkanam. There are also quick response teams and an ambulance. In addition to this, break down assistance is provided with the aid of recovery vehicles and mechanics. Safe Zone Project 2021-22 has been operational from the commencement of Mandala-Makaravilakku festival for the current year, from 15.11.2021. The Special Officer, Safe Zone Project, has reported that a total of Rs.68 Lakhs is allocated for the project, out of which Rs.20 Lakhs was sanctioned on 16.12.2021 and received on 21.12.2021. Safe Zone Project has so far attended 40 major accidents, 758 major break downs and 536 minor break downs. Along with the report of the Special Commissioner, the details of the Safe Zone Project 2021-22 submitted by its Controlling Officer and Special Officer are placed on record.
2. On 03.01.2022, when this report came up for consideration the learned Senior Government Pleader sought time to get instructions from respondents 1 to 4.
3. On 05.01.2022, when this report came up for consideration, Registry was directed to incorporate the news report that appeared in an online media regarding a motor accident, which occurred in the 1st week of December, 2021, involving two contract carriages carrying Sabarimala pilgrims, in which two pilgrims sustained fatal injuries. Copy of that news report was handed over to the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for Special Commissioner, Sabarimala. The learned Senior Government Pleader was directed to get instructions from the 2nd respondent-Transport Commissioner, the 3rd respondent-State Police Chief and also the 4th respondent-District Police Chief, Pathanamthitta.
4. On 07.01.2022, heard the learned Senior Government Pleader for respondents 1 to 4, the learned Standing Counsel for Travancore Devaswom Board for the 5th respondent and also the learned Amicus Curiae for Special Commissioner, Sabarimala.
5. During the course of arguments, the learned Senior Government Pleader has made available for the perusal of this Court a report dated 10.12.2021 of the Joint Regional Transport Officer, Vandiperiyar, addressed to the 2nd respondent-Transport Commissioner, and also a report dated 04.01.2022 of the Nodal Officer, Safe Zone Project, Sabarimala, addressed to the learned Senior Government Pleader. As per the report dated 10.12.2021 of the Joint Regional Transport Officer, Vandiperiyar, the accident in question occurred on 09.12.2021 at 11.45 am, at Amalagiri in State Highway-220 in between Kuttikkanam and Mundakkayam. In that accident four vehicles were involved, namely, a contract carriage (HPV) bearing registration No.AP-05/TT-7929, another contract carriage (LMV) -Tempo Traveller -bearing registration No.AP-39/TB-1599 both carrying Sabarimala pilgrims, a Maruti Ertiga car (LMV) bearing registration No.KL-38/J-4092 and a goods carriage (HGV) bearing registration No.TN-76/Q-8556. In that accident four pilgrims sustained injuries and two pilgrims from Andra Pradesh died. As per the report of the Joint Regional Transport Officer, there was a minor accident on the spot, involving two vehicles -KL-38/J-4092 and AP-39/TB-1599, ahead the occurrence of the major accident. The passengers in those vehicles came out for inspecting the damages caused to the respective vehicles. At that time contract carriage -AP-05/TT-7929 came from Kuttikkanam towards Mundakkayam and hit on the rear of Tempo Traveller - AP-39/TB-1599. In that impact the Tempo Trave
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