Modified Buses Causing Fatal Accidents, Authorities Must Strictly Enforce MV Act Norms Irrespective Of State Of Registration: Rajasthan High Court
The Rajasthan High Court has directed transport authorities to strictly enforce compliance with the Motor Vehicles Act, 1988 and the rules framed thereunder for all passenger buses plying in the State, irrespective of whether they are registered in Rajasthan or any other State. Observing that unauthorized modifications in buses have led to several fire incidents resulting in fatal accidents,...
The Rajasthan High Court has directed transport authorities to strictly enforce compliance with the Motor Vehicles Act, 1988 and the rules framed thereunder for all passenger buses plying in the State, irrespective of whether they are registered in Rajasthan or any other State.
Observing that unauthorized modifications in buses have led to several fire incidents resulting in fatal accidents, the Court stressed that both transport authorities and transporters bear a responsibility to ensure that passenger vehicles conform to the prescribed statutory safety norms.
The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma observed,
“…so much more responsibility lies on the department to see that the norms are strictly complied with by the transporter and similarly responsibility also lies on transporter to see that the vehicles are in accordance with the norms laid down for the purpose of passenger buses.”
For context, the Court was hearing an appeal against the order of the single judge that gave only provisional relief to the appellate by releasing his seized vehicle subject to compliance with statutory norms.
The appellate submitted that the single judge failed to consider the fact that many other defects were added in the notice that was issued to him under Section 53(1)(a) of the Act, as compared to the list of defects appearing in the Panchnama prepared at the time of vehicle inspection.
Section 53(1)(a) of the Act provides for conditions and manner of suspension of registration of a vehicle under the Act.
The Court opined that such discrepancy did not give any benefit to the appellant. It was observed that the appellant always had the opportunity to give reply to the notice, and also challenge the final order by filing an appeal.
The Court further held that, “the suspension of the registration is only with reference to plying of the vehicle in the State of Rajasthan and so far as the fact that the vehicle has been registered in Madhya Pradesh would not make any difference… in State of Rajasthan till the authorities are satisfied on the notice issued under Section 53 (1) (a) of the Motor Vehicles Act, 1988 the registering authorities have the right to not allow the vehicle to ply in the State.”
In this background, the Court also made observations about many transporters running buses in Rajasthan which were not in compliance with statutory norms, resulting in accidents and deaths.
Accordingly, the concerned authorities were directed to ensure compliance of all passenger vehicles with statutory norms, irrespective of those being registered in Rajasthan or in other states.
Title: Vinod Kumar v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 266