August 13, 2018:

On Monday, Supreme Court stated that it cannot "take over the legislative functions" as it refused to go into issues relating to Motor Vehicles (Amendment) Bill on the ground that it was pending for consideration before the Rajya Sabha".

Apex Court Bench comprising of Justice Madan B Lokur, Justice S Abdul Nazeer and Justice Deepak Gupta,"We cannot do that. If the Rajya Sabha does not consider it, that does not mean that we should consider it".

It was  submitted before SC Bench that that Motor Vehicles (Amendment) Bill, 2017 has not been passed by the Rajya Sabha at recently concluded Monsoon Session of Parliament.

Bill was passed by Lok Sabha on April 10, 2018.

ASG Pinky Anand, appearing for Centre submitted Bill was likely to be taken up in Rajya Sabha during Winter Session, which generally begins late November.

Advocate Gaurav Agarwal, assisting the Court as Amicus Curiae in Road Safety matter submitted that Bill revises the amount of compensation to Rs 2 Lakh in case of death and Rs 50,000 for Grievous injury in Road Accidents.

As per existing scheme, Rs 25,000 is paid to a victim of hit-and-run accident in case of death and Rs 12,000 compensation is given to those who are grievously injured.

The amicus told the top court that since the Centre, as well as insurance companies, were ready to pay the enhanced compensation to victims of road accidents, the court should ask them to pay the same.

SC Bench further added that,"Rajya Sabha is seized of the matter. How can we go into it," Justice Lokur observed, adding, "We cannot take over legislative functions".

ASG pointed out to the Court that since Bill was pending in Rajya Sabha, Government was "handicapped" on this issue.

During the hearing, Amicus raised the issue of Simplification of Procedures where the Victims of Road Accidents could be compensated without hassle and referred to model adopted in Delhi where Motor Accident Claims Tribunals have been functioning.

He stated that a similar procedure could be adopted by other states and the Supreme Court Committee on Road Safety, headed by Former Supreme Court judge Justice K S Radhakrishnan, could look into this issue.

Supreme Court is hearing a petition filed by Coimbatore-based Surgeon S Rajaseekaran which was treated as a PIL by Apex Court.

Apex Court had on April 22, 2014, constituted a Committee on Road Safety which has submitted several reports in the Court.

Source PTI

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