W.P. (C) 6824/2022

Page 1 of 13

$~22.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 08.05.2023

%

Judgment delivered on: 14.09.2023

+

W.P.6824/2022 & CM APPL. 20764/2022

RAJAT KAPOOR ADVOCATE

.....Petitioner

Through:

Petitioner in person.

versus

UNION OF INDIA & ORS.

.....Respondents

Through:

Mr. Gurdas Khurana, Mr. Arnav

Kumar, Advocates for R-1.

Mr.

Anuj

Aggarwal,

ASC

for

GNCTD with Ms. Ayushi Bansal,

Ms. Arshya Singh, Mr. Aakash

Dahiya, Advocates for R-2.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1.

The Petitioner before this Court, who is appearing in person, has filed

the present writ petition under Article 226 of the Constitution of India as a

Public Interest Litigation (PIL) highlighting various issues pertaining to the

use of electric vehicles (EVs) in the country. The Petitioner has filed the

present PIL praying for the following reliefs:

―a.

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:14.09.2023

12:28:05

Signature Not Verified

W.P. (C) 6824/2022

Page 2 of 13

2.

It is stated by the Petitioner that he came across two articles in the

Times of India, dated 24.04.2022 titled “Hrs after buying e-scooter, man

batches of EVs” which prompted him to file the instant PIL.

3.

He states that under Section 146 of the Motor Vehicles Act, 1988

(MV Act), it is compulsory for a person to obtain an insurance policy

against third party risk caused by the use of a motor vehicle as defined under

the MV Act. It is his contention that the said provision does not cover EVs.

He submits that the Delhi Electric Vehicles Policy, 2020 covers a variety of

issues pertaining to EVs, however, the same does not cover the issue of

insurance policy to be obtained in respect of EVs by persons wishing to use

them. He submits that the lack of rules relating to mandatory insurance

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:14.09.2023

12:28:05

Signature Not Verified

W.P. (C) 6824/2022

Page 3 of 13

cover of EVs would create a plethora of problems relating to injury, death

and compensation to victims of accidents involving EVs or other liabilities

such as fire, natural calamities, third-party injuries etc. It is submitted by

him that many European countries, such as France, Germany and the United

Kingdom have already made obtaining an insurance cover mandatory for

using EVs and the same should be done in India as well.

4.

It is his submission that there is no requirement of obtaining a license

and registration for purchasing and using an electric scooter in India.

Further, although the age for driving a scooter/motorbike in India is 18

years, he states that several young children drive EVs without proper

insurance and get into trouble because of the same. It is further submitted by

the Petitioner that for EVs with power less than 250W and a maximum

speed less than 25 kmph, it is not mandatory for the rider to wear a helmet,

however, he suggested that even for such EVs, wearing of a helmet should

be made mandatory to ensure public safety.

5.

He submits that it is important that the government makes necessary

and comprehensive changes to the MV Act through amendments or

introduce a suitable legislation to cover these issues as EVs are becoming a

popular means of transport for people. He also states that several states have

introduced state-specific EV subsidies, including the Government of NCT of

Delhi, which is offering subsidies to persons registering their Evs in the

NCT of Delhi, however the same is not being implemented effectively, and

therefore he prays that these subsidies should be released immediately

without any delay.

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:14.09.2023

12:28:05

Signature Not Verified

W.P. (C) 6824/2022

Page 4 of 13

6.

Mr. Gurdas Khurana, Learned Counsel for Respondent No. 1/Union

of India, at the outset subm