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2023 Supreme(Ker) 409
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
Mohanan V.V. S/o Velayudhan – Petitioner
Versus
State of Kerala – Respondent
W.P. (C) No. 18952 of 2023
Decided On : 19-06-2023
Advocate Appeared:
For the Petitioners: John Joseph (Roy), Angel Gloria V.S.
For the Respondent: B.S. Syamantak.
Point of Law: Section 129 of Motor Vehicles Act, 1988 reads wearing of protective headgear.
Headnote:
Motor Vehicles Act, 1988 - Section 129 - Kerala Motor Vehicles Rules, 1989 - Rule 347 - Riding two wheelers - Suffering from illness - Exemption from wearing Helmets - Petitioners filed petition with a prayer to get an exemption from wearing Helmets while riding two wheelers on medical grounds and their immediate provocation to file this writ petition is installation of AI surveillance Cameras on roads - If petitioners are suffering from any illness which disable them from wearing helmets, they have to abandon their two wheeler ride.
Findings of the Court:
There cannot be any exemption to a citizen from wearing helmet while driving or riding a two wheeler - If petitioners are suffering from any illness which disable them from wearing helmets, they have to abandon their two wheeler ride - They cannot avoid helmet in such situation while driving or riding - An innovative system is introduced in State to detect violation of provisions of Motor Vehicles Act and Rules by installing AI surveillance Cameras on roads - In this new era of technology, installation of AI surveillance cameras is an innovative step to detect violation of road rule - Petitioners can’t evade AI Cameras by getting an exemption.
Result: Petition dismissed.
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
1. There was a meaningful message from Hyderabad City Police on Twitter long back, which is even now available on ‘google search’ of internet, which reads like this: “DON’T WEAR HELMET BECAUSE OF POLICE. WEAR IT TO MEET YOUR FAMILY AGAIN.” What a heart-breaking message.
2. The petitioners filed this writ petition with a strange prayer to get an exemption from wearing Helmets while riding two wheelers on medical grounds and their immediate provocation to file this writ petition is the installation of AI surveillance Cameras on the roads of Kerala. Petitioners are the permanent residents of Marady Grama Panchayath, close to Muvattupuzha Municipality. It is the submission of the petitioners that, they have to come to Muvattupuzha Town for their each and every need. There is no frequent public Transport service from the area of the petitioners to Muvattupuzha Town, is the submission. Hence the only source to reach the town is to depend on Auto rickshaw or two wheelers. It is submitted that the petitioners are having Two wheelers bearing Nos. KL-17/L-6745 and KL-17/R-883. They used to ride on it with proper license and other documents. It is submitted that, due to high headache, the 1st petitioner is under continuous treatment of Giridhar Eye Institute Pvt. Ltd Ernakulam for the last several years. He has undergone Electroretinogram (ERG), Optical Coherence Tomography (OCT) etc. It is also submitted that the petitioners are not able to cover their heads and put any weight upon the head with helmet like articles. It is also submitted that the 2nd petitioner too is suffering from heavy headache and after treatment in various reputed hospitals in Kerala, she was referred to Indo American Hospital, Brain and Spine Center, Chemmanakkary, Vaikom and she is undergoing treatment. She is also under the same condition like the 1st petitioner and she is not able to bear any weight upon her head and hence not able to wear a helmet, is the submission. It is submitted that, before introducing the AI Camera surveillance system, petitioners submitted Exts.P-4 and P-5 representations before the 2nd and 3rd respondents for exempting them from wearing helmets. The same was not considered, is the grievance. Hence this writ petition is filed for issuing direction to the 2nd and 3rd respondents to pass orders exempting the petitioners from wearing helmets while travelling on two wheelers within the territorial jurisdiction of the 4th respondent to avoid fine being imposed due to the A.I Camera footage for not wearing the helmet. The prayers in this writ petition are extracted hereunder:
“(i) issue a writ of mandamus or any other writ, order or direction, directing the Respondents 2 and 3 to issue orders exempting the petitioners from wearing helmets while travelling on Two wheelers within the territorial Jurisdiction of the 4th Respondents, to avoid the fine to be imposed due to the A.I camera footage for non wearing of helmets.
(ii) Issue a writ of mandamus or any other writ or order directing the Respondents 2 and 3 to consider and pass orders on Exhibit P-4 and Exhibit P-5 respectively, after affording the petitioners and opportunity of being heard.
(iii) Issue a writ of mandamus or any other appropriate writ, order of direction declaring that the petitioners are entitled for exemption from wearing helmets due to health problems to the nerves of the eyes of the Petitioners.
(iv) Dispense with the production of English Translation of Exhibits in Malayalam produced along with this Writ Petition in vernacular language.
(v) To grant such other reliefs as this Hon'ble Court may deem fit, just and proper in the facts of the case” [SIC]
3. Heard counsel appearing for the petitioners and the learned Government Pleader.
4. Section 129 of the Motor Vehicles Act, 1988 reads like this:
“129. Wearing of protective headgear - Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description
