Motor Vehicles Act : Supreme Court Directs NALSA To Prepare Scheme For Implementation Of Amended MV Act And Rules

The Supreme Court has directed the National Legal Services Authority (NALSA) to prepare a scheme with suggestions for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. 

The order was passed by a bench of Justice J K Maheshwari and Justice K V Viswanathan that has been hearing a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. In December 2022, the Court had passed a slew of directions with regard to motor accident compensation. The Court had subsequently directed all States and Union Territories to file compliance reports regarding the same. 

Subsequently, on two occasions, the Apex Court had pulled up States and UTs for not filing compliance reports despite directions issued by it. The Court had criticized the states for their 'lethargic attitude'. The Court had then appointed Sr. Adv. J. R. Midha, as Amicus Curiae to compile the reports of the states, the provisions of the Act and Rules, relevant judgments and give suggestions. Adv.Samrika Biswal and Adv. Sumit Chander were appointed to assist the Amicus.

When the matter came up for hearing on 4th December, the Court took suggestions from Amicus  Curiae J. R. Midha, Adv. Archana Pathak Dave  appearing for Union of India and General Insurance Council (GIC), Adv. Abhishek Nanda appearing for the Insurance Regulatory and Development Authority (IRDA) and Adv. Gaurav Agarwal representing NALSA and issued directions for preparation of a scheme under the aegis of NALSA. 

The Secretary of NALSA has been asked to file an affidavit in this regard after consultation with the Amicus Curiae, the State Legal Services Authorities, officers of the Central Government, GIC, IRDA and State officers. 

Previously, the Apex Court had directed all State Governments and Union Territories to deposit money with the Court's Registrar for the labour put in by the Amicus Curiae. The States were asked to deposit Rs. 30,000/- each while the UT's were asked to deposit Rs. 20,000/-. In the recent hearing, an amount of Rs.2,30,000/­- was directed to be released to the Amicus Curiae.

The matter is listed on 5th January for further hearing. 

Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others | Civil Appeal No. 9322 of 2022

Citation : 2023 LiveLaw (SC) 898

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