Thandava Yogesh vs The State Of Andhra Pradesh
2021 Latest Caselaw 4250 Tel

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,

(2010) 2 SCC 607

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