S. RAJASEEKARAN versus UNION OF INDIA & ORS.

Citation: [2014] 5 S.C.R. 444 · Decided: 22-04-2014 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Hearing Adjourned

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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[2014) 5 S.C.R. 444 
S. RAJASEEKARAN 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 295 of 2012) 
APRIL 22, 2014 
[P. SATHASIVAM CJI., RANJAN GOGOi AND 
N.V. RAMANA, JJ.) 
Motor Vehicles Act, 1988: 
Road accidents - Large number of accidents occur every 
day on Indian Roads causing loss of human lives besides 
loss of limbs and other injuries resulting in human tragedies 
- Writ petitioner seeking court's intervention primarily in the 
0 matter of implementation of prevailing laws in the right earnest 
and need for change in such laws and upgradation thereof 
and directions for upliftment of the existing infrastructure and 
facilities with regard to post-accident care and management 
to minimize loss of life and physical injuries to victims of road 
E accidents - Held: The four Working Groups set up by the 
Ministry of Road Transport and Highways made 
recommendations on short terrn and long term measures to 
curb road ac9idents in the country i.e. enforcement of the 
existing laws, regulations and norms; availability of safe roads 
worthy of traffic as per the resources available with Central and 
F State Governments; education on road safety and timely 
medical attention - All existing laws and norms including the 
provision of Motor Vehicles Act, therefore require to be 
implemented in the right earnest and with all vigours by the 
authorities - Committee constituted to undertake the process 
G of monitoring measures undertaken by the Central 
Government and State Governments - All State Governments 
as well as different Ministries/Departments/Wings of the 
Central Government to submit their report to the Committee 
indicating the state of implementation and enforcement of all 
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444 
S. RAJASEEKARAN v. UNION OF INDIA 
445 
laws pertaining to licensinf)_; certification of fitness of vehicles; 
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limits ·of 'fise ·of vehicles i.e. passenger carrying capacity, 
·weight carrying capacity etc.; use of road safety devices; 
adherence to norms including user of roads, and deployment 
of adequate manpower for enforcement of the existing 
. provisions of law - The Union Government as well as the State 
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Government to also indicate their views on the necessity of 
further change in the law, if any - The Committee directed to. 
submit its report to the Court within three months after receipt 
of report from the Union/State Governments expressing its 
views on the deficiencies and the defaults on the part of any c 
of the stakeholders, as may be found. 
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In the instant writ petition filed under Article 32 of the 
Constitution, the grievance of the petitioner was. that 
large number of accidents occur every day on Indian 
Roads causing)oss of human lives besides loss of limbs 
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and other injuries resulting in human tragedies; that the 
road traffic accidents have the potential of being one of 
the largest challenges to orderly human existence 
necessitating immediate intervef,tion. The petitioner has 
.1 sought court's intervention primarily in the matter of E 
implementation of prevailing laws in the right earnest and 
need for changes in such laws and upgradation thereof. 
The petitioner has also sought directions for upliftment 
of the existing' infrastructure and facilities with regard to 
post-accident care and management to minimize loss of 
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life and physical ~r,ies to victims of road accidents. 
Posting the ,matter fo~ further consideration, the 
Court 
HELD: 1. Indian roads have proved to be giant killers 
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demanding immediate attention and remedial action. 
Sucti attention and· necessary intervention, in the first 
instance, is required to be made by the concerned' 
governmental agencies. While there is no reason for any 
skepticism over the abundant concern shown by all 
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446 
SUPREME COURT REPORTS 
[2014] 5 S.C.R. 
A concerned to the issues highlighted and also the 
attempted solutions both in the field of law enforcement 
as well as amendments· in the law, besides limited 
experiments in providing better after-trauma care, for 
reasons that need not detain the court, the results so far 
B have not been very encouraging. The accident and 
casualty graphs continue to run on an even keel over the 
last several years. [Para 19] [480-A-C] 
2. An accident is an incident that happens 
unexpectedly and unintentionally. It is occasioned either 
C by human failure or human negligence. Viewed from that 
perspective and also thorough hindsight every road 
accident is an avoidable happening. The 

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