THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.P(PIL).No.86 of 2018
ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ petition (public interest litigation) has been
filed by the petitioner stating that the State of Telangana is not
implementing Section 158(6) of the Motor Vehicles Act, 1988 (for
short 'the Act') and is also violating the directions given by the
Hon'ble Supreme Court in the case of Jai Prakash vs.
M/s. National Insurance Co. and others1. It has been stated that
the State of Telangana is violating the rights of motor vehicle
accident victims and also the law of the land.
A detailed counter affidavit has been filed on behalf of
respondent Nos.3 and 4 in the matter, informing this court the
action taken by the Telangana State Government, keeping in view Section 158(6) of the Act and the judgment delivered by the Hon'ble Supreme Court in the case of Jai Prakash (supra). Not only this, the Additional Director General of Police, C.I.D., Telangana, Hyderbad has also issued a Circular dated 16.08.2019, which is on record, for ensuring compliance of the judgment delivered by the Hon'ble Supreme Court in the case of Jai Prakash (supra) as well as Section 158(6) of the Act. Details of compliance reports (pages 6 to 14 of the counter affidavit) in respect of all such cases in the State of Telangana are also on record.
In the considered opinion of this court, keeping in view the material brought before this court along with the counter affidavit, 1 (2010) 2 SCC 607 2 there is certainly compliance as per Section 158(6) of the Act and also the directions issued by the Hon'ble Supreme Court in the case of Jai Prakash (supra) by the State of Telangana. However, it is made clear that, in future also, the Telangana State Government shall strictly adhere to the statutory provisions as contained under Section 158(6) of the Act and also the directions issued by the Hon'ble Supreme Court in the case of Jai Prakash (supra).
With the aforesaid, the writ petition (public interest litigation) stands disposed of.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 10.12.2021 JSU