S.RAJASEEKARAN Vs UNION OF INDIA AND ORS.
Judgment by: HON'BLE MR. JUSTICE MADAN B. LOKUR
Case number: W.P.(C) No.-000295-000295 / 2012
Diary number: 20376 / 2012
Advocates: KRISHNA KUMAR Vs
W.P. (C) No. 295 of 2012 Page 1 of 33
REPORTABLE
IN THE SUPREME COURT OF INDIA
ORIGINAL APPELLATE JURISDICITON
WRIT PETITION (CIVIL) NO. 295 OF 2012
Dr. S. Rajaseekaran (II) ....Petitioner
Versus
Union of India & Ors. ....Respondents
J U D G M E N T
Madan B. Lokur, J.
1. In this petition under Article 32 of the Constitution Dr.
S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and
President of the Indian Orthopaedic Association has, inter alia, prayed for
enforcement of road safety norms and appropriate treatment of accident
victims.
2. The petitioner states that in his capacity as Chairman and Head of
Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, he
witnesses daily, the acute loss of life and limbs caused by road accidents.
He suggests that practical measures need to be taken in a time-bound and
W.P. (C) No. 295 of 2012 Page 2 of 33
expeditious manner to give effect to legislations, reports and
recommendations for ensuring that the loss of lives due to road accidents
is minimized. The petitioner estimates that 90% of the problem of deaths
due to road accidents is the result of a lack of strict enforcement of safety
rules on roads and strict punishment for those who do not obey rules.
The petitioner has relied upon data published in December 2011 by the
Ministry of Road Transport and Highways in its publication captioned
„Road Accidents in India 2010‟ to indicate that the number of road
accidents is increasing every year and that unfortunately more than half
the victims are in the economically active age group of 25-65 years.
3. Since the petitioner has no personal interest in the matter, the writ
petition filed by him was taken up as a public interest litigation.
4. Initially, the Ministry of Road Transport and Highways opposed
the writ petition but as the litigation progressed, the matter was looked at
in a non-adversarial manner and considered as one in public interest.
5. In view of the non-adversarial stance of the Government of India,
this Court passed an order on 22 nd
April, 2014 constituting a Committee
on Road Safety under the Chairmanship of Justice K. S. Radhakrishnan, a
former judge of this Court. The Committee was notified by the Ministry
of Road Transport and Highways (MoRTH) of the Government of India
on 30 th May, 2014 and orders finalizing the terms and conditions of
W.P. (C) No. 295 of 2012 Page 3 of 33
appointment of the Chairperson and Members of the Committee were
issued on 8 th August, 2014.
6. In compliance with the orders of this Court and notwithstanding
bureaucratic delays and without having been provided adequate
infrastructure and staff, the Committee commenced its work in earnest
from 15 th /16
th May, 2014. The Committee has since submitted 12 reports
to this Court but it is not necessary at present to deal with all these
reports.
7. On 10 th April, 2015 we recognized the exemplary work being done
by the Committee and expressed the view that its recommendations need
to be seriously discussed and debated. This was in the context of the fact
that the number of deaths due to road accidents in the country was said to
be over 100,000 in a year, which translates to about one death every three
minutes and that the compensation awarded for deaths and other motor
accident claims runs into hundreds of crores of rupees.
8. However, it appeared to us that various State Governments were
not responding positively to the recommendations made by the
Committee and accordingly the Secretary of the MoRTH was directed to
call a meeting of his counterparts from all the States and Union
Territories on or before 31 st May, 2015 to deliberate on the reports
W.P. (C) No. 295 of 2012 Page 4 of 33
prepared by the Committee as well as its recommendations, their
implementation and further measures that could be taken.
9. We also noted that despite the lapse of a considerable period of
time, the Government of India was unable to provide adequate facilities
to the Committee even though a letter was sent by the learned Attorney
General for India on 19 th December, 2014 to the Revenue Secretary and
the Urban Development Secretary of the Government of India. We are
mentioning this fact only to highlight the casualness with which the
Government of India was taking the directions of this Court, in spite of
the importance of the work being carried out by the Committee and its
non-adverserial stance. We may mention here that as of now, we have
been informed that the Committee has been provided with all necessary
facilities and support by the Government of India.
10. In the hearing on 26 th
August, 2016 we noted that in 2014 the
number of persons who had died in road accidents was 139,671 and that
this figure had jumped up in 2015 to 146,133.
11. Since we were informed by Mr. Gaurav Agrawal, Advocate who
was requested to assist us as Amicus Curiae that the State Governments
were still not cooperating with the Committee, we had no option but to
again direct the Transport Secretaries of all States to attend a meeting to
be convened by the Secretary of the MoRTH on 7 th
September, 2016. We
W.P. (C) No. 295 of 2012 Page 5 of 33
had to, perforce, set the agenda for the meeting, that is, implementation of
the recommendations of the Committee, keeping in mind the very large
number of deaths taking place.
12. On 19 th
September, 2016 we noted that in the meeting chaired by
the Secretary of the MoRTH convened on 2 nd
September, 2016 (instead
of 7 th September, 2016) only two or three Secretaries of the concerned
Transport Ministries of the State Governments had participated and the
rest of the State Governments were represented by junior officials and in
some cases even the designation of these junior officials was not
mentioned.
13. During this hearing, we sought to impress upon all concerned that
road safety issues should be taken seriously both by the Central
Government as well as by the State Governments. We also noted that
huge amounts running into hundreds of crores of rupees had been
earmarked for road safety and it was also highlighted that a very large
number of deaths had been taking place due to road accidents. We noted
that the insurance companies had spent an amount of Rs. 11,480 crores by
way of compensation for deaths, injuries, third party property damage and
other damage due to road accidents during the financial year 2015-16.
14. On 7 th
November, 2016 we again noted that there was one death
almost every three minutes as a result of road accidents. Unfortunately,
W.P. (C) No. 295 of 2012 Page 6 of 33
the legal heirs of half the victims were not compensated (perhaps being
unaware of their entitlement). We expressed our distress at this
unfortunate situation and had to remind all concerned that we were not
dealing with an adversarial issue but a public interest litigation for the
benefit of the common man particularly for the victims of road accidents
and their legal heirs.
15. On 11 th April, 2017 we were informed by the learned Amicus that
the Government of India had woken up to the problems faced due to road
accidents and had prepared a Bill for the amendment of the Motor
Vehicles Act, 1988.
16. Thereafter, the learned Amicus prepared a chart in three columns:
First, relating to the issues that this Court had been dealing with in this
public interest litigation; second the views expressed by the MoRTH on
these issues, and third, the orders prayed for by the learned Amicus
Curiae. A perusal of the chart indicates that fortunately, the Government
of India has now begun considering the issues raised in the right spirit
and in a non-adversarial manner and has accepted almost all the
suggestions. Those that form a part of the Bill seeking to amend the
Motor Vehicles Act, 1988 will be considered by Parliament. The tabular
statement is given below:
W.P. (C) No. 295 of 2012 Page 7 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
i. Road Safety Policy: Every State
Government shall
implement State Road
Safety Policy
formulated as a result of
the intervention of the
Committee on Road
Safety. The said Policy
may be notified in the
gazette and brought into
existence w.e.f. 1 st
September, 2017, if not
already done so.
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
All the States/UTs except
Assam, Delhi, Nagaland,
Tripura, Lakshadweep, Dadra
Nagar Haveli and Andaman &
Nicobar have already
formulated their Road Safety
Policy.
The States / UTs which have
not formulated the Road
Safety Policy, have been
requested to formulate the
policy on priority basis.
Order Proposed:
The States / UTs
which have not
formulated the
Road Safety
Policy may be
directed to
formulate the
policy on priority
basis, latest by
31 st December
2017. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
ii. State Road Safety Council: All State
Government (except
Nagaland) have
constituted State Road
Safety Council as
required under Section
215 of the Motor
Vehicles Act, 1988 and
directed by the
Committee. The said
Council must undertake
periodic meetings to
review the actions and
implementation of road
safety laws and submit
suitable reports to the
competent legislature
and the Committee on
Road Safety.
Ministry of Road Transport &
Highways is in agreement with
the suggestion. All States /
UTs except Daman & Diu,
Dadra Nagar Haveli and
Andaman & Nicobar have
already constituted State Road
Safety Councils.
Order proposed:
All States / UTs
except Daman &
Diu, Dadra Nagar
Haveli and
Andaman &
Nicobar have
already
constituted State
Road Safety
Councils. The
others may be
directed to
constitute the
same as per the
recommendations
of the Committee
on Road Safety.
The Statement
made by the
Government of
India may kindly
be taken on record
and ordered.
W.P. (C) No. 295 of 2012 Page 8 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
iii. Lead Agency: Each
State Government may
be directed to establish
a Lead Agency as
required by the
Committee on Road
Safety headed by a
senior officer and with
adequate staff to be
solely dedicated to
matters relating to
licensing, issuing of
driving licences, and
registration of vehicles,
road safety, and
features of vehicles,
pollution and other
allied matters.
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
Ministry held review meeting
with the States to review the
implementation of the
directions of the Committee on
Road Safety from 27 th
to
30 th
June, 2017. The States /
UTs were requested to
establish Lead Agency and
depute adequate, dedicated and
professional / technical staff.
Few States viz. Chhattisgarh,
Daman & Diu, Haryana,
Jharkhand, Jammu & Kashmir,
Nagaland, Rajasthan, Tamil
Nadu have already established
the Lead Agency.
Order proposed:
The States / UTs
that have not
established Lead
Agency, as
defined and
required by the
Committee on
Road Safety and
depute adequate,
dedicated and
professional /
technical staff
may be directed to
do so by 31 st
December 2017 as
per the standards
set by the
Committee on
Road Safety. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
iv Road Safety Fund: Pursuant to
recommendations of the
Committee on Road
Safety all the States
have commenced or
completed action to set
up a Road Safety Fund
with assured flow of
money as desired by the
Committee. However,
in such States where it
has not come into place
it must come into effect
w.e.f. 1 st September
2017.
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
Some of the States viz. Bihar,
Chhattisgarh, Himachal
Pradesh, Jharkhand, Kerala,
Madhya Pradesh, Puducherry,
Rajasthan, Uttar Pradesh have
established dedicated fund as
per directions of Committee on
Road Safety.
During the review meeting
held by the Ministry, the
remaining States / UTs have
been requested to create the
Road Safety Fund as per the
directions of the Committee on
Road Safety.
Order Proposed:
The States /UTs
that have not
constituted the
Road Safety Fund
may be directed to
establish the same
as soon as
possible and not
later than March,
2018 and report to
the Committee on
Road Safety. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
v Road Safety Action
Plan: State
Governments may be
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
Order Proposed:
The States / UTs
may be directed to
W.P. (C) No. 295 of 2012 Page 9 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
directed to formulate
and notify “Road Safety
Action Plan” with an
annual target for
reducing road accident
with effect from a date
not later than 1 st
September 2017.
During the review meetings
held by the Ministry, the States
/ UTs have been requested to
prepare the annual target based
Action Plan to reduce accident
& fatality rate in pursuance of
directions of Committee on
Road Safety.
prepare the annual
target based
Action Plan to
reduce accident &
fatality rate in
pursuance of
directions of
Committee on
Road Safety and
the report to the
Committee.
vi District Road Safety
Committee: All State
Governments may be
directed to constitute
District Road Safety
Committee headed by
the Collector of the
District which will fix
targets for reduction in
accidents and fatality
dependent upon
peculiar facts of the
District. As suggested
in the written Note,
District Road Safety
Committee could
include Superintendent
of Police, Health
Officers, PWD
Engineers,
representatives of
NHAI and RTO of the
District.
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
Order proposed:
State
Governments may
be directed to
constitute District
Road Safety
Committee headed
by the Collector of
the District as
soon as possible
lay down
responsibilities of
said committees,
including regular
and periodic
meeting and
report to the
Committee on
Road Safety. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
vii Engineering
Improvement: The
Amicus Curiae submits
that one of the main
reasons for accidents is
poor quality of roads,
improper design,
inadequate curve,
inadequate depth and
inadequate angle which
need to be maintained
at crucial junctions. At
The Ministry is in agreement
with the suggestion. However,
the protocol has to be
reviewed and updated from
time to time based on the
experience gained.
Order proposed:
Protocol for
Identification and
Rectification of
Black Spots
prepared by
MoRTH at the
instance of
Committee on
Road Safety may
be directed to be
implemented by
W.P. (C) No. 295 of 2012 Page 10 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
the instance of the
Committee on Road
Safety, the MoRTH has
set up protocol for
identification and
rectification of black
spots. The said protocol
for rectifying black
spots for better road
safety is annexed
herewith as Annexure
„B‟ pages (28 to 29).
This Hon‟ble Court
may be pleased to direct
that the same be
enforced into
immediate effect by the
NHAI, the Ministry of
Road Transport &
Highways of
Government of India
as well as the PWD
Departments of all State
Governments as well
their contractors. It is
important that the same
is also enforced in all
expressways being
constructed on PPP
mode.
all concerned
including NHAI
and State
Governments in
consultation with
the Committee on
Road Safety.
It may be clarified
that the said
protocol would be
reviewed and
updated by
MoRTH annually
based on the
experience gained.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
viii Traffic Calming
Measures: This
Hon‟ble Court may
further direct the State
Governments to adopt
Traffic Calming
Measures at accident
prone areas, junctions
of lower hierarchy
roads and other
vulnerable spots like
schools, hospitals, etc.
Ministry of Road Transport &
Highways is in agreement with
the suggestion.
Order proposed: This Hon‟ble
Court may direct
that the State
Governments
should adopt
Traffic Calming
Measures at
accident prone
areas, junctions of
lower hierarchy
roads with higher
hierarchy roads
and other
vulnerable spots
like schools,
hospitals etc., and
submit district
W.P. (C) No. 295 of 2012 Page 11 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
wise compliance
reports to the
Committee on
Road Safety, as
per the directions
of the Committee
on periodic basis.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
ix Roads Safety Audits: This Hon‟ble Court
may direct State
Governments to carry
out road safety audits
during design,
construction and
operation of roads and
also in respect of
existing roads within a
specified time frame.
This audit must be
carried out by auditors
accredited by National
Road Safety Audit
Board. This National
Road Safety Audit
Board must consist of
Senior Officers of the
NHAI, MoRTH, of
respective State
Governments as well as
Road Safety Experts
who are trained Road
Safety Auditors. It is
respectfully submitted
that if roads were
properly constructed
and maintained in this
country, as is done in
many overseas
countries, road
accidents would be
much less.
In-principle, the Ministry is in
agreement with the suggestion.
However, there is a deficiency
of qualified auditors in road
safety engineering in the
country. Efforts are being
made by the Government to
build capacity, by way of
organizing workshops on road
safety engineering, road safety
audit certification courses etc.
It would take some time to
build up capacity in the field
of road safety audit. Therefore,
States may be permitted to set
their own targets for
completing the road safety
audits, as per the guidelines
issued by the Ministry from
time to time.
With regard to the
recommendation of
accreditation by National Road
Safety Audit Board, it is stated
that a proposal to create a
National Road Safety Board
has been incorporated in the
Motor Vehicle (Amendment)
Bill, 2017. The bill has been
passed by Lok Sabha. The
proposed Board will deal with
all aspects of the road safety.
Order proposed:
This Hon‟ble
Court may be
pleased to direct
the Central
Government to:
(i) Conduct audit of 2 most
accident prone
stretches of
highways/express
ways in each State
as a pilot
programme, and
present strategies
for reducing the
accidents;
(ii) build capacity and train
at least 150 more
auditors within the
period of next one
year;
The State
Governments/UTs
may be directed to
train at least 25
such auditors
within the period
of next one year,
and thereafter
conduct audits.
The statement
made by the
Government of
W.P. (C) No. 295 of 2012 Page 12 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
India may kindly
be taken on record
and ordered.
x Engineering Design of
New Roads: It may be
directed by this Hon‟ble
Court that no new
road/project costing
more than Rs. 10
Crores should be
undertaken unless the
design is audited and
the audit
recommendation are
implemented to the
satisfaction of the
aforementioned
National Road Safety
Audit Board.
The road projects costing Rs.
10.00 crore or more may be of
different types like re-
surfacing of the road,
reconstruction of bridges /
culverts, construction of
retaining walls for protection
of roads etc. Such projects do
not require the road safety
audit. Therefore, specifying
only cost criteria for carrying
out road safety audits is not
appropriate.
It is proposed that the road
safety audit including the
design stage audit should be
carried out for all road
capacity augmentation projects
of 5 km or more.
Order proposed:
It is prayed that
this Hon‟ble Court
may be pleased to
direct the road
safety audit
including the
design stage audit
should be carried
out for all road
capacity
augmentation
projects of 5 km
or more.
xi Working Group on
Engineering: it is
prayed that this Hon‟ble
Court may pass an
order directing that
recommendations of the
Working Group on
Engineering as directed
by this Hon‟ble Court
(marked as Annexure
“C” pages (30 to 38))
be implemented
forthwith as directed by
the Hon‟ble Court.
The report of the Working
Group on Engineering (Roads)
contains a detailed background
discussion. The
recommendations and
suggested policies are
contained in Para 4 of the
Working Group Report. Many
of these recommendations are
in the nature of general
comments.
In view of the above,
appropriate recommendations
based on Working Group
Report which can be passed by
Hon‟ble Supreme Court as
directions are brought out as
below:
- Highways and urban road design standards and
guidelines will be made
consistent with the safety
requirements and in tune with
the international best practices
on a continuous basis at
regular intervals.
Order proposed:
This Hon‟ble
Court may issue
the following
directions as set
out as below:
1. Highways and
urban road design
standards and
guidelines will be
made consistent
with the safety
requirements and
in tune with the
international best
practices on a
continuous basis
at regular
intervals.
2. Conduct Road
safety audits at
different stages of
construction and
operation.
3. All road
improvement
W.P. (C) No. 295 of 2012 Page 13 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
- Road safety audits at different stages should be
carried out depending on the
size / type of the project for all
the road development projects.
- All road improvement projects including resurfacing
works should have provision
of signs & markings as per the
requirements.
- Adequate traffic calming measures should be
taken, wherever necessary, to
enhance safety of vulnerable
road users.
- Existing stretches of National Highways & State
Highways not covered in
development projects on
modes like BOT/EPC should
be subjected to Road Safety
Audits in phased manner
through a time bound
programme.
- Recommendations of Road Safety Audits should be
implemented, preferably
within 2 years of submission
of audit reports.
- Standard Road accident recording & reporting formats
should be evolved considering
all aspects of feasibility and
manpower resources and be
published as standard
documents for adoption by all
authorities at Central and State
levels.
- Specialized accident investigation centres shall be
established to study a few
selected accidents using
accident reconstruction
techniques etc., and the details
to be preserved in a data base.
- Institutionalized system of database storage and
management should be
projects including
resurfacing works
should have
provision of signs
& markings as per
the requirements.
4. Adequate traffic
calming measures
should be taken,
wherever
necessary, to
enhance safety of
vulnerable road
users.
5.
Recommendations
of Road Safety
Audits should be
implemented,
before further
work is
undertaken on the
road concerned.
6. Standard Road
accident recording
& reporting
formats should be
evolved
considering all
aspects of
feasibility and
manpower
resources and be
published as
standard
documents for
adoption by all
authorities at
Central and State
levels.
7. Specialized
accident
investigation
centres shall be
established to
study a few
selected accidents
using accident
W.P. (C) No. 295 of 2012 Page 14 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
developed for road accident
data. A suitable web based
electronic road accident data
collection/compilation system
shall be developed for
countrywide implementation.
- Centre of excellence for road safety Research &
Accident analyses should be
developed in academic
institutions across the country.
- Establishing synergy between various stake holders
(road authorities, academia,
enforcement authorities, health
authorities etc) in road safety
at central/ state levels is being
strived through National Road
Safety Council and State Road
Safety Councils. These should
be strengthened and made
robust to deliver the intended
results.
- Centre is extending support to Road Safety
Engineering improvements on
state roads through specific
schemes to act as benchmarks
and models for further efforts
by states. 10% of Central Road
Fund (CRF) allocations have
been earmarked for Road
Safety Engineering works on
state roads through Central
Road Fund (State Roads)
Amendment Rules, 2016.
Detailed guidelines have also
been issued in this regard.
reconstruction
techniques etc.,
and the details to
be preserved in a
data base.
8. Institutionalized
system of
database storage
and management
should be
developed for
road accident data.
A suitable web
based electronic
road accident data
collection/
compilation
system shall be
developed for
countrywide
implementation.
9. Centre of
excellence for
road safety
Research &
Accident analyses
should be
developed in
Academic
institutions across
the country.
Till such time as
the NRSB
becomes
operational, the
above steps may
be taken by the
Government in
consultation with
the Committee on
Road Safety.
xii Drivers‟ Training:
This Hon‟ble Court
may be pleased to issue
a direction that licenses
of all drivers would be
In the Motor Vehicle
(Amendment) Bill, 2017, it is
proposed that the transport
driving license is to be
renewed at an interval of five
Order proposed: The Government
of India and the
State
Governments may
W.P. (C) No. 295 of 2012 Page 15 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
renewed after every
five years and would be
subject to their
qualifying the stringent
criteria including
technical efficiency,
quality of driving,
control over a vehicle
and other relevant
factors. It is necessary
that any person who
drives the vehicle must
be in complete control
of the vehicle to be able
to minimize the risk of
an accident.
It is submitted that only
accredited driving
schools should be
authorized to impart
training to the learners
and recommend the
grant of permanent
licenses. Such
institutions must have
driving teachers (a)
with not less than 10
years‟ experience; (b)
who have experience in
driving all kinds of
vehicles; (c) who have
the the requisite
learning vehicle; (d)
who have adequate
facilities and take
suitable number of tests
before the final license
by a public authority
should only be upon
recommendation of
such an accredited
licensing institution.
Computerized driving
tests should be resorted
for checking driving
skills.
years.
It has been proposed in the
Motor Vehicle (Amendment)
Bill, 2017 that the Central
Government may make rules
for such schools or
establishments. The efforts
shall be made to improve the
quality of driving training by
prescribing detailed
curriculum as well as the
infrastructure and trainer
requirements by the Driving
Training Schools.
be directed to take
such steps as
recommended by
the Committee on
Road Safety in a
time bound
manner to ensure
improvement in
the quality of
driver training and
licensing
(including
emphasis on lane
driving) as well as
in the
infrastructure and
the trainer
requirements.
xiii Lane Driving: This
Court may issue a
Ministry of Road Transport &
Highways has already notified
Order proposed:
The State
W.P. (C) No. 295 of 2012 Page 16 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
direction that all the
State Government
would issue a
mandatory circular that
lane driving will be
strictly insisted upon in
all parts of this country.
Further, overtaking
shall be only according
to the protocols which
are devised for the said
purpose and
contravention may even
result in forfeiture of
his or her license.
Motor Vehicles (Driving)
Regulations 2017 vide G.S.R.
634 (E) dated 23 rd
June 2017
which mandates the lane
driving and also provides for
the protocol for overtaking.
Governments/
UTs may be
directed to strictly
implement Motor
Vehicles (Driving)
Regulations 2017
notified vide
G.S.R. 634 (E)
dated 23 rd
June
2017 which
mandates the lane
driving and also
provides for the
protocol for
overtaking.
xiv Road Safety
Equipment: All the
State Governments will
take steps to acquire
and use cameras and
other surveillance
equipment according to
the norms suggested by
the Ministry of Home
Affairs to check and
detect traffic violators.
Further, this Hon‟ble
Court may direct that
special patrol forces
along the National
Highways,
Expressways and the
State Highways be
established. The States
may also be directed to
take the following
actions to the
satisfaction of the
Committee on Road
Safety:
(A) Formulate and enforce a policy for the
removal of all hoardings
and objects which
obstruct driving or
distract drivers.
(B) Formulate and enforce a policy for
Bureau of Police Research &
Development (BPR&D) had
prepared a report in
consultation with States/UTs
on the norms for the number of
Traffic Police and also for the
Equipment for identifying
violations of traffic laws with
reference to vehicle population
of that City/State and
submitted the same to the
Committee on Road Safety in
the month of September, 2015.
Further, Committee on Road
Safety has forwarded the
report to all States/UTs on 30 th
November, 2015 (copy
attached in Annexure-II)
Order Proposed:
All the State
Governments/UTs
may be directed to
take steps to
acquire and use
cameras and other
surveillance
equipment
according to the
norms suggested
by the Ministry of
Home Affairs in a
phased manner to
check and detect
traffic violators;
and may further
be directed to set
up special patrol
forces along the
National
Highways,
Expressways and
the State
Highways. This
may be done in
consultation with
and to the
satisfaction of the
Committee on
Road Safety.
W.P. (C) No. 295 of 2012 Page 17 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
detection and removal
of encroachment on all
pedestrian path which
will cause any
hindrance to pedestrians
and vehicles.
(C) Issue a direction that all driving licenses
will be suspended for a
period of at least one
year under Section 19
of the Motor Vehicles
Act and Rule 21 of the
CMV for over speeding,
red-light jumping, use
of cellular phone while
driving, over loading,
and using goods
carriage for ferrying
passengers.
xv Alcohol and Road
Safety: As per the order
dated 15 th
December
2016, by a judicial
order passed in (State
of Tamil Nadu v. K.
Balu, (2017) 2 SCC
281) this Hon‟ble court
prohibited the grant of
licences for the sale of
liquor along national
and state highways and
over a distance of 500
metres from the outer
edge of the highway
throughout the territory
of India. This Hon‟ble
Court may further
direct the State
Governments to ensure
that the said prohibition
imposed by this
Hon‟ble Court be
effectively
implemented. Further,
those found driving
under the influence of
alcohol should be
Ministry has written to the
States vide letter dated 6 th
April, 2017, for compliance of
the orders of the Hon‟ble
Supreme Court. Ministry of
Home Affairs had issued an
advisory on road safety and
accidents to all the States/UTs
on 17 th
December, 2015,
advising for strict enforcement
of provisions of IPC and MV
Act to prosecute and punish
persons causing injury or death
in offences related to road
safety (detail attached in
Annexure-III).
Order proposed:
No further orders
are required at this
stage. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
W.P. (C) No. 295 of 2012 Page 18 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
prosecuted under the
Motor Vehicles Act,
1988 as well as under
the Indian Penal Code,
1860 within a time
period fixed by this
Hon‟ble Court.
xvi Road Safety
Education: Pursuant to
recommendations of the
Committee on Road
Safety, Road Safety
Education has already
been included by CBSE
in school curriculums.
This Hon‟ble Court
may further direct the
State Governments to
ensure that Road Safety
Education and
Counselling is also
incorporated into the
curriculum of the State
Boards.
The Ministry of Road
Transport & Highways is in
agreement with the suggestion.
Order
proposed:This
Hon‟ble Court
may further direct
the State
Governments/UTs
to ensure that
Road Safety
Education and
Counselling is
also incorporated
into the
curriculum laid
down by the State
Boards by 1 st
April, 2018.The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
xvii Speed Governors: It is
prayed that State
Governments be
directed to take steps to
ensure that approved
speed Governors are
fitted in the existing
transport vehicles and
given Unique
Identification Number.
These numbers should
be uploaded in the
VAHAN Database
along with the details of
the vehicle. The
instructions issued by
Committee on Road
Safety in this regard
may kindly be directed
Ministry of Road Transport &
Highways has already issued
guidelines for fitment of
approved Speed Limited
Device (speed governors) on
transport vehicles. The
suggestion to upload the
Unique Identification Number
of the Speed Governor in the
VAHAN database is
acceptable.
Order proposed:
State
Governments be
directed to take
steps to ensure
that approved
speed Governors
are fitted in the
existing transport
vehicles and given
Unique
Identification
Number. These
numbers should
be uploaded in the
VAHAN Database
along with the
details of the
vehicle. The
W.P. (C) No. 295 of 2012 Page 19 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
to be strictly followed. instructions issued
by Committee on
Road Safety in
this regard may
kindly be directed
to be strictly
followed.
xviii Emergency Medical
Care: As far as
emergency care is
concerned, this Hon‟ble
Court may direct that
the State Government
shall establish for every
District at least one
Trauma Care Centre
with all modern
medical facilities, and
ambulances equipped
with first-aid facility
manned by trained
para-medical staff
should also be made
available.
In respect of the Trauma Care
Programme being
implemented by Ministry of
Health & Family Welfare, a
total number of 116 Trauma
Care Facilities (TCFs) were
identified and approved during
the 11 th
Five Year Plan (FYP)
and 81 TCFs were identified
during the 12 th
FYP. It may
further be mentioned that with
regard to trained para-medical
staff for ambulances, the
Programme Division, the
Director General of Health
Services has developed the
Pre-hospital Trauma
Technician Course curriculum,
and the training is being
undertaken in the three Central
Government Hospitals of
Delhi, namely Safdarjung
Hospital, LHMC and Dr. RML
Hospital since 2007.
Order proposed:
This Hon‟ble
Court may direct
that the State
Government shall
establish for every
District at least
one Trauma Care
Centre with all
modern medical
facilities, and
ambulances
equipped with
first-aid facility
manned by trained
para-medical staff
should also be
made available.
Further, District
Magistrates of
every district may
be directed to
ensure that
sufficient
publicity is given
in respect of
existing facilities.
xix Universal Accident
Helpline Number: This Hon‟ble Court
may be pleased to order
that there shall be one
Universal Accident
Helpline Number which
should be established
by the Department of
Telecommunication
throughout the country.
Further, a universal
code for ambulances
should be notified by
The National Health Mission
already provides for a call
centre number (108), which is
being extensively used in the
States for medical emergencies
including accidents. The
ambulance services are also
operational in most of the
states through this call centre
number (108).
Order Proposed:
The State
Governments/UTs
may be directed to
strengthen the
accident helpline
number by
providing
adequate facilities.
The State
Governments that
have not made
ambulance
services
W.P. (C) No. 295 of 2012 Page 20 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
the MoRTH. operational may
be directed to do
so by 31 st March
2018, and to
further develop a
code/method to
utilize services of
all ambulances in
the area.
xx Permanent Road
Safety Cell: This
Hon‟ble Court may
direct that National
Highways Authority of
India must have a
permanent Road Safety
Cell consisting of
suitable engineers and
qualified personnel and
which shall be
established on or before
30 th
September, 2017.
The Ministry of Road
Transport & Highways is in
agreement with the suggestion.
Ministry of Road Transport &
Highways as well National
Highways Authority of India
have established road safety
engineering cells. All the
States/UTs have also been
requested to establish Road
Safety Engineering Cell in
their National Highways
Directorates by Ministry of
Road Transport & Highways.
Order Proposed:
The cells have
been set up and no
further orders are
required at
present. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
xxi Data Collection: This
Hon‟ble Court may
direct that a
computerized format be
prepared by the
MoRTH for collecting
road accident data
throughout the country
and data so collected
should be made public
so that even members
of the public could
pursue remedial actions
or research.
Ministry of Road Transport &
Highways has already evolved
a new format for recording
accident data & report. The
format is enabled for
computerized data entry. State
Government / UTs have been
asked to take further action to
collect and report the data in
new format. The Ministry has
been making the data public
for information of all the
stakeholders.
Order proposed:
No further orders
are required at this
stage. However, it
may be directed
that the said
format evolved by
the Ministry be
strictly followed.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
xxii GPS: It is submitted
that it has been found
that use of GPS and
GIS mapping
encourages safety both
for drivers and
passengers. Therefore,
it is prayed that a
direction be issued to
all car manufactures
Ministry of Road Transport &
Highways has already notified
vide G.S.R. No. 1095 (E)
dated 28 th
November 2016
mandating the fitment of
vehicle location tracking
device and emergency button
in all public service vehicles
except two wheelers, e-
rickshaw, three wheelers and
Order proposed:
This Hon‟ble
Court may direct
that all public
service vehicles
shall be fitted with
location tracking
device as
mentioned by GoI
and the said
W.P. (C) No. 295 of 2012 Page 21 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
that with effect from 1 st
January 2018 they
would ensure that all
vehicles are installed
with GPS and GIS.
any transport vehicles for
which no permit is required
under the Motor Vehicles Act,
1988. Fitment of GPS devices
on other vehicles would be
considered in due course since
this would put additional cost
burden on the vehicle owners
in terms of cost of the GPS
equipment.
notification be
strictly
implemented. The
statement made by
the Government
of India may
kindly be taken on
record and
ordered.
xxiii Bus/Truck-Body
Building Code: This
Hon‟ble Court may
direct that MoRTH may
take suitable steps to
notify Bus/Truck-Body
Building Code so that
henceforth buses and
trucks built on different
chassis are not found
wanting in security and
safety features.
Bus Body Code: Ministry of
Road Transport & Highways
has already notified the bus
body code vide G.S.R. No.
287 (E) dated 22 nd
April 2014.
Truck Body Code: Ministry
of Road Transport &
Highways has already notified
the truck body code vide
G.S.R. No. 1034 (E) dated 2 nd
November 2016 for vehicles
registered on or after 1 st
October 2018.
Order proposed:
No further orders
are required at this
stage.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
xxiv ABS, Air Bags and
Headlights: It is
prayed that a direction
be issued that in every
model of car sold in
India there shall be
Anti-Lock Braking
System and air bags.
Further a direction be
issued that all two-
wheeler manufacturer
will take recourse to
“Automatic Headlights
On” systems. It is
prayed that a direction
be issued that the State
Government must not
allow vehicles with
impermissible
headlights to ply.
ABS: Ministry of Road
Transport & Highways has
notified for the fitment of ABS
in motor cycles vide G.S.R.
No. 310 (E) dated 16 th
March
2016 and for four wheelers
vide G.S.R. No. 120 (E) dated
10 th
February 2017 for new
models on or after 1 st April
2018 and for existing models
on or after 1 st April 2019.
Air Bags: Ministry of Road
Transport & Highways
finalized a standard AIS-145,
which is being notified. This
standard would mandate
fitment of Air Bags on all the
LMV passenger vehicles.
Automated Headlights On:
Ministry of Road Transport &
Highways has notified vide
G.S.R. No. 188 (E) dated
22.02.2016 for fitment of
„Automated Headlights On‟
(AHO) in two wheelers
Orders
proposed: No
further orders are
required.
W.P. (C) No. 295 of 2012 Page 22 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
manufactured on or after 1 st
April 2017.
xxv Crash Test: It is
respectfully submitted
that in view of the
doubtful crash test of all
the LMVs, crash test in
proper conditions must
be undertaken in
respect of LMVs by
laboratories that are
accredited. It is
submitted that this
Hon‟ble Court may
further direct that all
vehicle testing agencies
in India should be
internationally
accredited / recognized
to ensure that crash
tests are genuinely and
sincerely undertaken
having utmost regard to
the value of human life.
This may be done by 1 st
April 2018.
The crash tests for all the Light
Motor Vehicles (LMVs) have
been notified by the Ministry
for implementation. The tests
are to be conducted only by
the testing agencies notified
under Rule 126 of the Central
Motor Vehicle Rules, 1989.
The agencies are required to
have their testing facilities
accredited by National
Accreditation Board for
Testing and Calibration
Laboratories (NABL). The
Ministry has issued S.O. 1139
(E) dated 28.04.2015 and S.O.
2412 (E) dated 03.09.2015
amending the Central Motor
Vehicles Rules, 1989
(CMVRs) notifying the
following crash standards: -
Standards Date of commencement/
validity
Requirement
for behaviour
of steering
mechanism
of a vehicle
in a Head-on
Collision as
per AIS
096/2008
New
Models-
1.10.2017
All
Models-
01.10.2019
Protection of
occupants in
the event of
an offset
Frontal
Collision as
per AIS
098/2008
New Models-
1.10.2017
All Models-
01.10.2019
Approval of
vehicles with
regard to the
Protection of
New Models-
1.10.2018
All Models-
01.10.2019
Order proposed: No further orders
are necessary at
this stage.
The statement
made by the
Government of
India may kindly
be taken on record
and ordered.
W.P. (C) No. 295 of 2012 Page 23 of 33
S.
No.
Issue contained in
note of Amicus Curiae
Views by Ministry of Road
Transport & Highways
Orders prayed
by the AC
Occupants in
the event of a
Lateral
Collision as
per AIS
099/2008
Approval of
Vehicles
with regard
to the
Protection of
Pedestrian
and other
Vulnerable
Road Users
in the event
of a Collision
with a Motor
Vehicle as
per AIS
100/2010
New Models-
1.10.2018
All Models-
01.10.2020
17. We have heard learned Amicus Curiae as well as learned
Additional Solicitor General. They have taken us through all the
suggestions made and the response of the MoRTH to these suggestions.
In view of the submissions, and keeping in mind issues of road safety and
the interest of those who may be unfortunate victims of road accidents,
we issue the following directions:
1. Road Safety Policy: Most of the State Governments and Union
Territories have already framed a Road Safety Policy. Those that
have not framed such a policy namely Assam, Nagaland, Tripura,
Delhi, Lakshadweep, Dadra and Nagar Haveli and Andaman and
W.P. (C) No. 295 of 2012 Page 24 of 33
Nicobar Islands, must now formulate the Road Safety Policy by
31 st January, 2018. All States and Union Territories are expected
to implement the Road Safety Policy with all due earnestness and
seriousness.
2. State Road Safety Council: All States have already constituted a
Road Safety Council in terms of Section 215 of the Motor Vehicles
Act, 1988. The Union Territories of Daman and Diu, Dadra and
Nagar Haveli and Andaman and Nicobar Islands have not
constituted the Road Safety Council as yet. We direct these Union
Territories to constitute the State Road Safety Council on or before
31 st January, 2018. The responsibility and functions of the Council
will be as recommended by the Committee on Road Safety. The
State Road Safety Councils should periodically review the laws
and take appropriate remedial steps wherever necessary.
3. Lead Agency: Only a few States have established the Lead
Agency as recommended by the Committee on Road Safety in its
communication of 23 rd
December, 2014. The States and Union
Territories that have not done so should establish the Lead Agency
on or before 31 st January, 2018 in terms of the recommendations
made by the Committee on Road Safety. It may be mentioned that
the Lead Agency will act as the Secretariat of the State Road
Safety Council and coordinate all activities such as licensing issues
W.P. (C) No. 295 of 2012 Page 25 of 33
including issues of driving licences, registration of vehicles, road
safety and features of vehicles, along with other allied matters
including emission norms and other activities as mentioned in the
communication dated 23 rd
December, 2014.
4. Road Safety Fund: Some of the States have already established a
Road Safety Fund. Those States and Union Territories that have
not yet established the Road Safety Fund should do so not later
than 31 st March, 2018 and report back to the Committee on Road
Safety. The corpus of the Road Safety Fund will be from the fines
collected for traffic violations and the Fund will be utilized for
meeting expenses relating to road safety.
5. Road Safety Action Plan: The purpose of a Road Safety Action
Plan is to reduce the number of road accidents, as well as the
fatality rate. The MoRTH has already requested all the States and
Union Territories to prepare a Road Safety Action Plan but it
appears that the response to this has been somewhat lukewarm.
The State Governments and Union Territories are therefore
directed to urgently prepare a Road Safety Action Plan by 31 st
March, 2018 and put it into action after giving it due publicity.
6. District Road Safety Committee: A District Road Safety
Committee is required to be set up by the State Government for
every district in terms of Section 215(3) of the Motor Vehicles Act,
W.P. (C) No. 295 of 2012 Page 26 of 33
1988. As suggested by the learned Amicus and agreed to by the
MoRTH, the District Road Safety Committee should be put in
place by 31 st January, 2018 and should be headed by the Collector
of the District and should include amongst others the
Superintendent of Police, Health Officers, Engineers of the Public
Works Department, representatives of the National Highways
Authority of India, the Road Transport Officer of the District and
members of civil society from the District. The District Road
Safety Committee must hold regular and periodic meetings to
review road safety issues and take corrective measures.
7. Engineering Improvement: It appears that one of the main
reasons for road accidents is the poor quality of roads, improper
design, etc. The MoRTH is of the opinion that the protocol for
road design and identification of black spots needs to be reviewed
and enforced. Accordingly, it is directed that the MoRTH should
publish a protocol for identification and rectification of black spots
and take necessary steps for improving the design of roads to make
them safe.
8. Traffic Calming Measures: It is suggested by the learned Amicus
that traffic calming measures must be adopted at accident prone
areas. This is agreed to by the MoRTH. However, such measures
will need to be studied and then put in place. This is an on-going
W.P. (C) No. 295 of 2012 Page 27 of 33
exercise which must be carried out by the Road Safety Committee
with the assistance of the MoRTH and other stakeholders.
9. Road Safety Audits: There is agreement, in principle, between the
learned Amicus and the MoRTH to carry out Road Safety Audits.
However, there appears to be a dearth of qualified auditors in Road
Safety Engineering. The MoRTH supports the idea of capacity
building. It is, therefore, directed that necessary steps be taken by
the Committee on Road Safety as well as by the MoRTH to work
in this direction since there can be little doubt that an audit of road
safety is essential to reduce the possibility of road accidents
through corrective measures.
10. Engineering Design of New Roads: The MoRTH is of the view,
and the learned Amicus is also in agreement, that the Road Safety
Audit as mentioned above should include the design stage audit of
new road projects of 5 kms or more, rather than being based on the
cost of the project. It is ordered accordingly.
11. Working Group on Engineering: The Working Group on
Engineering (Roads) has already submitted a Report which is
available with the Road Safety Committee as well as the MoRTH.
This Working Group was constituted pursuant to the decision taken
in the meeting of the 12 th National Road Safety Council held on
25 th March, 2011. The recommendations of the Working Group
W.P. (C) No. 295 of 2012 Page 28 of 33
should be implemented in the terms prayed for by the learned
Amicus as well as those accepted by the MoRTH. These will, of
course, be in the nature of interim directions since the National
Road Safety Board is likely to be created as proposed in the Motor
Vehicles (Amendment) Bill, 2017.
12. Drivers‟ Training: This is the subject matter of the Motor
Vehicles (Amendment) Bill, 2017 and no orders are required to be
passed in this regard.
13. Lane Driving: The MoRTH has already issued Motor Vehicles
(Driving) Regulations, 2017 vide G.S.R. 634 (E) dated 23 rd
June,
2017.
The Notification should be implemented by the State
Governments and Union Territories strictly.
14. Road Safety Equipment: The Bureau of Police Research and
Training has already prepared a Report on the subject and has
submitted it to the Road Safety Committee in September, 2015.
The recommendations in the Report should be implemented
including acquisition of cameras and surveillance equipments in
detecting traffic and identifying violators. It is also necessary to
set up special patrol forces along the National Highways and State
Highways for which necessary steps must be taken by the State
Governments and Union Territories.
W.P. (C) No. 295 of 2012 Page 29 of 33
15. Alcohol and Road Safety: The MoRTH has already written to the
States to comply with orders of this Court in this regard. The
MoRTH may issue further advisories in this regard on a quarterly
basis during the calendar year 2018 so as to serve as a reminder to
the State Governments and Union Territories to implement the
directions of this Court.
16. Road Safety Education: The learned Amicus as well as MoRTH
are in agreement that road safety education and counselling should
be incorporated in the curriculum by the State Boards by 1 st April,
2018. It is directed that the State Governments may seriously
consider this recommendation and include Road Safety Education
and Counseling as a part of the school curriculum at the earliest.
17. Speed Governors: Guidelines in this regard have already been
issued by the MoRTH. The MoRTH has agreed to upload the
Unique Identification Number of the speed governors in the
VAHAN database. This should be followed up by the MoRTH
with expedition.
18. Emergency Medical Care: There is agreement that at least one
Trauma Care Centre should be set up in every district with
necessary facilities and an ambulance. The State Governments and
Union Territories should take up this recommendation at the
earliest since it is on record that treatment soon after a road
W.P. (C) No. 295 of 2012 Page 30 of 33
accident is crucial for saving the life of the victim. In this context,
it may also be mentioned that this Court has issued certain
directions in Pt. Parmanand Katara v. Union of India 1 which
should be followed.
19. Universal Accident Helpline Number: The MoRTH has stated
that there is already a call centre number, that is, 108 provided by
the National Health Mission. Due publicity must be given to this
so that an ambulance can be activated at the earliest whenever
necessary.
20. Permanent Road Safety Cell: All State Governments and Union
Territories have already been requested by the MoRTH to set up
Road Safety Cells. The State Governments and Union Territories
should establish Permanent Road Safety Cells by 31 st January,
2018.
21. Data Collection: The MoRTH has already taken steps for
recording accident data and reports through computerised data
entry. The State and Union Territories have been asked to take
further action in this regard and make the data public for the
information of all stakeholders. This needs to be followed up and
no further orders are necessary in this regard.
1 (1989) 4 SCC 286
W.P. (C) No. 295 of 2012 Page 31 of 33
22. GPS : The MoRTH has already notified vide G.S.R. No. 1095 (E)
dated 28 th November, 2016 mandating the fitment of vehicle
location tracking devices in all public service vehicles subject to
some exceptions. Since this has cost implications, the MoRTH
may assist the State Governments and Union Territories to ensure
that to the maximum extent possible and within the shortest time
frame, location tracking devices must be fitted in all public service
vehicles as notified.
23. Bus/Truck–Body Building Code: This has already been notified
by the MoRTH with regard to buses vide G.S.R. No. 287 (E) dated
27 th April, 2014 and with regard to trucks vide G.S.R. No. 1034(E)
dated 2 nd
November, 2016. No further orders are necessary in this
regard.
24. ABS, Air Bags and Headlights: The MoRTH has already notified
for fitment of ABS in motor cycles vide G.S.R. No. 310(E) dated
16 th March, 2016 and for four wheelers vide G.S.R. No. 120(E)
dated 10 th February, 2017. As far as air bags are concerned a
standard AIS-145 has already been notified. As regards automated
headlights, the MoRTH has notified vide G.S.R. No. 188(E) dated
22 nd
February, 2016 for fitment of “Automated Headlights On” in
two wheelers manufactured on or after 1 st April, 2017. No further
W.P. (C) No. 295 of 2012 Page 32 of 33
orders are required in this regard except the faithful
implementation of the various notifications issued by the MoRTH.
25. Crash Test: This too has been notified by the MoRTH and the test
for all light motor vehicles is required to be conducted by the
testing agency notified under Rule 126 of the Central Motor
Vehicles Rules, 1989. No further orders are required in this regard
except the faithful implementation of the notifications and crash
standards issued by the MoRTH.
18. We make it clear that the directions given above are those that have
been agreed upon by the parties before us and are in addition to and
supplement the directions already given in S.Rajaseekaran v. Union of
India. 2 We commend the efforts put in by the learned Amicus Curiae and
the Justice K.S. Radhakrishnan Committee on Road Safety. We are
confident that the directions given above, at their instance and with the
support, cooperation and assistance of the MoRTH, will save thousands
of lives in road accidents and crores of rupees in compensation payable
by the insurance companies – provided the directions are faithfully and
sincerely complied with.
19. We also make it clear that if there is any doubt or clarity required
in implementing the directions given, the concerned State Government or
2 (2014) 6 SCC 36
W.P. (C) No. 295 of 2012 Page 33 of 33
Union Territory is at liberty to move the Committee on Road Safety.
20. We may note that none of the directions given by us or the
directions given earlier by this Court are difficult to comply with. In this
connection, we may draw attention to the excellent document prepared by
the Committee on Road Safety and the MoRTH titled “Consulting
Services to Audit the Implementation by the States of the Directions
Issued by the Committee on Road Safety – Group 4- Final Report”
concerning Haryana prepared in September 2017. The Report has
received considerable support from the Delhi Integrated Multi-Model
Transit System Limited (DIMTS), Transportation Research and Injury
Prevention Programme (TRIPP), IIT-Delhi and The Energy and Resource
Institute (TERI). It would be worthwhile if similar reports are prepared
and published so that roads all over the country are rendered far safer
than what they are today.
21. List for further proceedings on 7 th February, 2018.
……………………………J
(Madan B. Lokur)
…………………………..J
(Deepak Gupta)
New Delhi;
November 30, 2017