State authorities must ensure timely implementation of necessary regulations regarding vehicle insurance for cross-border transport to protect accident victims.

6:THE OFFICER-IN-CHARGE OF BORBARI POLICE STATION P.O.- BORBARI DIST.- BAKSA ASSAM Advocate for the Petitioner : MR I HAQUE, Advocate for the Respondent : GA, ASSAM, MR H SARMA,SC, TRANSPORT DEPARTMENT, ASSAM,MS. M D BORAH BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER

18-07-2025

1. Heard Mr. I. Haque, learned counsel for the petitioner and Ms. M.D.Borah, learned Standing counsel, Transport Department for the respondent.

2. The present writ petition is filed assailing inaction on the part of the State Government in bringing out the necessary Notification pursuant to the direction passed by the Hon’ble Apex Court in Usha Devi Vs. Pawan Kumar reported in 2008 SSC 1602 . 3. The other issue involves in this petition is as regards the implementation of Rule 8 of the Inter-Country Transport Vehicles Rules, 2021, which prescribes the necessity for insurance against 3^rd Party risk, inasmuch as, in the present case, the daughter of the petitioner died in a motor vehicle accident involving a Bhutanese vehicle. Therefore, the another issue also involves as regards the implementation of Section 148 of the Motor Vehicles Act , 1988, which deals with the validity of policies of insurance issued in reciprocating countries.

4. Ms. Borah, learned Standing counsel, Transport Department, on instruction, submits that the Department has not received any of reciprocative agreements between the Union of India and Bhutan, which is bordering country of India and many Bhutanese vehicles ply through the Indian roads. It is also the stand of the State, more particularly, in the Transport Department that the implementation of such policy and to ascertain that no vehicle of foreign countries ply without any valid insurance policy can be answered by the Ministry of Roads Transport and Highways.It is further stand that the State of Assam has prepared a Draft Cabinet Memorandum for amendment of the Assam Motor Vehicle Rules, 2003 by inserting of a rule for securing compensation to the victims of accidents involving uninsured vehicles and for prohibiting release of such motor vehicles involved in accident, which is under process at Government level. Therefore, she seeks for some time.

5. Considering the issues involved in this petition, this Court is of the opinion that the Ministry of Road Transport & Highways Transport Bhawan-1, Parliament Street New Delhi, shall be the necessary party for determination.

6. Registry shall implead the Ministry of Road Transport & Highways, represented by its Secretary, Transport Bhawan-1, Parliament Street New Delhi-110001 as the respondent No.8.

7. Issue notice to the respondent No.8, returnable on 27.08.2025.

8. Petitioner shall serve copy of this order and the extra copy of this writ petition to Mr. R.K.Devchoudhury, learned Deputy Solicitor General of India (DSGI).

9. List this matter on 27.08.2025 reflecting the name of Mr.R.K.Devchoudhury, learned DSGI in the cause list for the respondent No.8.