MV Act| Can’t Appreciate Lethargic Attitude: SC Reprimands States For Not Filing Compliance Report Despite Previous Order

It is to be noted that 8 other States viz. Assam, Himachal Pradesh, Maharashtra, Tamil Nadu, Telangana, Tripura, West Bengal and Andhra Pradesh sought more time to file their compliance reports. The Court even in its earlier order had warned that in case of non-compliance on the next date, it will be constrained to pass an order seeking presence of the Registrar Generals of the concerned High Court and the Chief Secretaries of the concerned State /Union Territories.

A bench of Justice J.K. Maheshwari and Justice K.V. Viswanathan thus observed, “In the previous order, it was made clear that the order be communicated to all the High Courts and Chief Secretaries of the States and Union Territories so that in case the compliance is not filed by them, suitable directions for presence of concerned officers may be directed today. In spite of such an order, the abovementioned 10 States/Union Territories have not been represented. We cannot appreciate such a lethargic attitude of the said States in a matter in which the Motor Vehicles Act and Central Motor Vehicles Rules have been amended and directions have been issued on 15.12.2022 for their implementation within the time schedule of four months”.

“In the previous order also, it was observed that in case the affidavits and the compliance reports are not filed, this Court shall be constrained to pass an order seeking presence of the Chief Secretaries of the concerned States/Union Territories. Even then, 19 States remained unrepresented, out of which learned counsel for 8 States have appeared today and prayed for time to file compliance reports and 10 States are completely unrepresented. State of Rajasthan has filed compliance report today”, the bench further noted in its order.

The bench, therefore, appointed Senior Advocate J. R. Midha, as Amicus Curiae, to be assisted by Advocates Samrika Biswal and Sumit Chander, to compile the provisions of the Act and Rules, previous Judgments and the directions issued in the case and submit the suggestions.

Midha placed on record some suggestions for the implementation of the Act and the Rules, which were:

Data required for State Police for the period 1st April, 2022 to 31st July, 2023

-Whether the Central Motor Vehicles Act, 2022 and the FORMS contained in the Rules have been circulated for being complied by the Police Officials. If so, then the date of such circulation and the copy of the DO.

-What Steps have been taken by the State Police to ensure the compliance of the Central Motor Vehicle Rules, 2022 in respect of the Road Accidents. Name and designations of the Officers responsible for ensure the compliance of the Central Motor Vehicles, Rules, 2022 by the Police Station.

-Whether any training has been imparted to Police Officers for compliance of Central Motor Vehicle Rules, 2022.

Data required from Police of each District for the period 1st April, 2022 to 31st July, 2023.

-Number of Road Accidents.

-Number of cases in which First Accident Report (FAR) filed within 48 hours of the accident.

-Number of cases in which First Accident Report (FAR) filed after 48 hours of the accident.

-Number of cases in which First Accident Report (FAR) has not been filed. l

-Number of cases in which Interim Accident Report (IAR) filed within 50 days of the accident.

-Number of cases in which Interim Accident Report (IAR) filed after 50 days of the accident. (

-Number of cases in which Interim Accident Report (IAR) has not been filed.

-Number of cases in which Detailed Accident Report (FAR) filed within 90 days of the accident.

-Number of cases in which Detailed Accident Report (FAR) filed after 90 days of the accident.

-Number of cases in which Detailed Accident Report (FAR) has not been filed.

Data to be collected from each Insurance Company for the period 1st April, 2022 to 31st July, 2023

-Number of Interim Accident Reports (IAR) received from the Police.

-Number of First Accident Reports (FAR) received from the Police.

-Number of Detailed Accident Reports (DAR) received from the Police.

Data to be complied in respect of each Motor Accident Claims Tribunal for the period 1st April, 2022 to 31st July, 2023

-Number of Interim Accident Reports (IAR) received month wise.

-Number of First Accident Reports (FAR) received month wise.

-Number of Detailed Accident Reports (DAR) received month wise.

-Number of cases in which the Detailed Accident Reports (DAR has been treated as claim petition.

- Number of Cases decided according to the time period specified in Central Motor Vehicles Rules, 2022.

The States which remained unrepresented were Goa, Gujarat, Jammu & Kashmir & Ladakh, Jharkhand, Madhya Pradesh, Uttarakhand, Union Territories of Chandigarh, Dadra & Nagar Haveli & Daman and Diu, Lakshadweep and Puducherry.

Cause Title: Gohar Mohammad v. Uttar Pradesh State Road Transport Corporation & Ors.