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. Issue a writ order or direction including a writ of mandamus or any other writ directing the respondent authorities to make the Insurance Cover of the Electric Vehicles compulsory for 2 Wheelers Electric Scooters/ Bikes in the light of provisions of Section 146 of MV Act;

b. direct the respondent authorities to make the wearing of Helmets compulsory for all types of Electric Bikes and 2 wheeler Electric Scooters irrespective of wattage of the vehicle; c. direct the authorities to issue appropriate guidelines till appropriate legislation is made to ensure standardized manufacturing of relianable and long lasting Batteries which do not catch fire while being charged or otherwise;

d. direct the respondent authorities for timely and early release of the subsidy to keep alive the interest of the new purchasers;

e. direct the respondent authorities to provide penal provisions for specified violations;

f. grant any other relief which this Hon’ble court may deem fit and proper in the facts and circumstances of the case.‖

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 killed, 3 kin hurt in battery blast” and “After fires, Ola to recall faulty 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 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.

6. Mr. Gurdas Khurana, Learned Counsel for