The Motor Vehicles (32nd Amendment) Act, 2019 provides for compensation to road accident victims even if the accident causing vehicle is uninsured.

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11.01.2023

1.

The instant Writ Petition has been filed by the legal heirs of late Sh.

Dinesh Sehgal, who died in a road accident on 22.08.2011, caused by an

uninsured vehicle, i.e. a tractor, raising serious concerns in respect of

accidents caused by the uninsured vehicles and in hit and run cases.

2.

The Writ Petition was filed in the year 2012 with the following

prayers:

“(I) To pass an appropriate writ, order or direction In

the nature of writ of mandamus thereby directing the

Respondents to Implement various provisions of Motor

Vehicles Act, 1988 and Rules framed thereunder and

Implement various orders/directions/advisories passed

from time to time by the Hon'ble Supreme Court of

India and this Hon'bie Court by way of Its judicial

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 18:10:43

W.P.(C) 5708/2012 Page 2 of 3

pronouncements;

(II) To pass an appropriate writ, order or direction In

the nature of writ of mandamus thereby directing the

Respondents to compensate the petitioner and/or such

other victims of the road accidents for the loss suffered

by them due to non Implementation of the provisions of

the Motor Vehicles Act and Rules framed thereunder;

(III) To pass an appropriate writ, order or direction In

the nature of writ of mandamus thereby directing the

Respondents to place before this Hon'bie Court the

data of accidents caused by uninsured vehicles or by a

person driving the offending vehicle without driving

license and the steps taken thereof to eradicate such

menace and for prosecution of such offenders since the

year 2009;

(IV) To pass an appropriate writ, order or direction In

the nature of writ of mandamus thereby directing the

Respondents to explain the measures adopted by them

so far since the year 2009 to curb the menace of

uninsured vehicles plying on road, driving motor

vehicle without effective and valid driving license; fake

driving licenses and drunken driving;

(V) To pass such other and further orders as this

Hon'ble Court may deem necessary and proper on the

facts and In the circumstances of the case.”

3.

The Petitioner herein has prayed for a writ of mandamus directing the

Respondents to implement various provisions of Motor Vehicles Act, 1988.

The Petitioner has also sought for various amendments under the Motor

Vehicles Act, 1988 in order to ensure that a victim gets compensation even

if the accident is caused by an uninsured vehicle and in hit and run cases.

4.

Learned Counsel for the Petitioner has drawn the attention of this

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 18:10:43

W.P.(C) 5708/2012 Page 3 of 3

Court to Motor Vehicles (32^nd Amendment) Act, 2019 which inserted

Sections 145-165 to the Motor Vehicles Act, 1988, to submit that now a

scheme is in place for granting compensation to the road accident victims

even if the accident causing vehicle is uninsured. He states that the statute

provides for compensation to the road accident victims even if the accident

causing vehicle is uninsured, however, the Government has yet not framed

any rules or guidelines in this respect.

5.

Learned Counsel for the Union of India was fair enough in stating that

that amendment has come into force with effect from 01.04.2022 and,

therefore, some breathing time be granted to the Union of India to ensure

implementation of Sections 145-165 of the Motor Vehicles (32^nd

Amendment) Act, 2019 throughout the country. He prays for six months’

time to do the needful.

6.

Resultantly, as the statute p