RAJAT KAPOOR ADVOCATE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner before this Court, who is appearing in person, has filed the present writ petition under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) highlighting various issues pertaining to the use of electric vehicles (EVs) in the country. The Petitioner has filed the present PIL praying for the following reliefs:

(2.) It is stated by the Petitioner that he came across two articles in the Times of India, dtd. 24/4/2022 titled "Hrs after buying e-scooter, man killed, 3 kin hurt in battery blast" and "After fires, Ola to recall faulty batches of EVs" which prompted him to file the instant PIL.

(3.) He states that under Sec. 146 of the Motor Vehicles Act, 1988 (MV Act), it is compulsory for a person to obtain an insurance policy against third party risk caused by the use of a motor vehicle as defined under the MV Act. It is his contention that the said provision does not cover EVs. He submits that the Delhi Electric Vehicles Policy, 2020 covers a variety of issues pertaining to EVs, however, the same does not cover the issue of insurance policy to be obtained in respect of EVs by persons wishing to use them. He submits that the lack of rules relating to mandatory insurance cover of EVs would create a plethora of problems relating to injury, death and compensation to victims of accidents involving EVs or other liabilities such as fire, natural calamities, third-party injuries etc. It is submitted by him that many European countries, such as France, Germany and the United Kingdom have already made obtaining an insurance cover mandatory for using EVs and the same should be done in India as well.