Motor Accident Claims : Supreme Court Directs States To Deposit Costs Towards Efforts Of Amicus Curiae

The Supreme Court recently directed all State Governments and Union Territories to deposit money with the Court's Registrar for the labour put in by the Amicus Curiae in a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The States were asked to deposit Rs. 30,000/- each while the UT's were asked to deposit Rs. 20,000/-. On two previous occasions, the Apex Court had pulled up States and UTs for not filing compliance reports despite directions issued by it. 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.A bench of Justice J K Maheshwari and Justice K V Viswanathan in the most recent hearing noted that the State of Mizoram and Union Territory of Ladakh still remained unpresented. The Court also directed the States of Gujarat, Delhi, Haryana and the Union Territory of Lakshadweep to re-file their compliance reports, as they had not been brought on record, despite the submissions of the counsels that the reports had been filed. "Considering the hard labour put in by Mr. Midha and other two Amicus Curiae namely; Ms. Samapika Biswal and Mr. Sumit Chander, Advocates, it is our onerous duty to direct that all the State Governments shall deposit a sum of Rs. 30,000/- each and all the Union Territories to deposit a sum of Rs. 20,000/- each by way of Demand Drafts in the name of “The Registrar, Supreme Court of India”.." the Court said in its order. The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports were not submitted on time, the Court would have to insist on the presence of Registrar Generals of the concerned High Courts and the Chief Secretaries of the concerned States in Court. The guidelines were issued in 2022 to carry out the purpose of the Motor Vehicle Amendment Act and the Rules.On 18th August the Court had noted that despite its previous warning, 10 states remained unrepresented and 8 states prayed for more time to file compliance reports. The Court had criticized the states for their 'lethargic attitude'. Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others | Civil Appeal No. 9322 of 2022Click here to read/download order

Motor Accident Claims : Supreme Court Directs States To Deposit Costs Towards Efforts Of Amicus Curiae

Sheryl Sebastian

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