The Supreme Court has directed the preparation of a scheme for implementation of the amended Motor Vehicles Act and Rules under NALSA's guidance. The Motor Vehicles Act went through amendments by the central legislation accompanied by the formulation of new rules. Concerns arose due to the non-implementation of these amended provisions, leading to judicial intervention.
The matter was previously addressed in the case of Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation & Ors. (Civil Appeal No. 9322 of 2022). In response to the lack of implementation, directions were issued through a Court order dated December 15, 2022.
The current applications now focus on addressing the continued non-implementation of the Motor Vehicles Act, its rules, and the previously issued directives. Seeking resolution, the Court has engaged various stakeholders, including Mr. J. R. Midha, the learned Amicus Curiae, Ms. Archana Pathak Dave representing the Union of India and General Insurance Council (GIC), Mr. Abhishek Nanda from the Insurance Regulatory and Development Authority (IRDA), and Mr. Gaurav Agarwal, counsel for the National Legal Services Authority (NALSA).
Following discussions, the Court has directed the preparation of a comprehensive scheme under NALSA's guidance. An affidavit containing suggestions for the effective implementation of the Act, Rules, and directives is to be submitted before the Court by the next listing date. The affidavit will be filed by the Secretary of NALSA, in consultation with the Amicus Curiae, State Legal Services Authorities, Central Government officers, GIC, IRDA, and State officers if necessary.
The Court expects a detailed fund report at the next listing date, scheduled for January 5, 2024, at the end of the Board. This development marks a crucial step towards ensuring the effective implementation of the Motor Vehicles Act and related regulations.
Case Title: Gohar Mohammad vs. Uttar Pradesh State Road Transport Corporation & Ors.
Coram: Hon'ble Mr. Justice J.K. Maheshwari and Hon'ble Mr. Justice K.V. Viswanathan
Case no.: Miscellaneous Application No. 825/2023 in C.A. No. 9322/2022
Amicus Curiae: Mr. J. R. Midha, Sr. Adv., Mr. Sumit Chander, Ms. Samapika Biswal, Mr. Hritik Sejwal, Ms. Mahak Dua, Ms. Nidhisha Garg, and Mr. Gurdeep Chauhan.
Advocates for the Petitioner: Mrs. Prachi Mishra, A.A.G., Mr. Mahesh Kumar, Adv., Mr. Nishakant Pandey, Adv., Mr. Dipesh Singhal, Adv., Ms. Rebecca Mishra, Adv., VMZ Chambers, AOR, Mr. C. K. Sasi, AOR, Ms. Meena K Poulose, Adv.
Advocates for the Respondents: Ms. Garima Prshad, Sr. Adv. and Ors.
Read Order @LatestLaws.com
Picture Source :
