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Enforce Provisions For Grant Of Compensation To Road Accident Victims Within Six Months: Delhi High Court To Centre

Nupur Thapliyal
25 Jan 2023 10:31 AM GMT
Enforce Provisions For Grant Of Compensation To Road Accident Victims Within Six Months: Delhi High Court To Centre
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The Delhi High Court has asked the Union of India to enforce the recently-enacted provisions for grant of compensation to road accident victims, under the Motor Vehicles Act, within six months.

Referring to Motor Vehicles (32nd Amendment) Act, 2019 which inserted sections 145 to 165 in the Act of 1988, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said:

“Resultantly, as the statute provides for a remedy for grant of compensation to the road accident victims even if the accident causing vehicle is uninsured as well as in the accidents caused by hit and run cases, Union of India is granted six months’ time to enforce the provisions which are now in the statute books.”

The court was hearing a plea filed by legal heirs of a man who died in a road accident on August 22, 2011, caused by an uninsured tractor. The plea raised serious concerns in respect of accidents caused by uninsured vehicles and in hit and run cases.

It also sought direction on the Central Government to explain the measures adopted since 2009 to curb the menace of uninsured vehicles plying on road, driving vehicle without effective and valid driving license, fake driving licenses and drunk driving.

Referring to the amendment of 2019, the petitioner’s counsel submitted that although the statute provides for compensation to road accident victims even if the errant vehicle is uninsured, the government has not yet framed any rules or guidelines in respect of the same.

On the other hand, the counsel appearing for Union of India apprised the court that the 2019 amendment has come into force with effect from April 1, 2022, and sought for some breathing time for the government to ensure implementation of the same throughout the country. The counsel sought six months’ time to do the needful.

The court accepted the request.

Title: RITA SEHGAL & ORS v. UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 81

Click Here To Read Order


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