GYAN PRAKASH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The above Public Interest Litigation has been filed stating that large number of road accidents leading to deaths have been taking place in recent years in India calling for concerted and multi-disciplinary preventive and remedial measures. It is alleged that for the deaths due to motor-cycle, the State of Madhya Pradesh is responsible because the registering authorities have been registering the motor cycles in violation of the provisions of the Motor Vehicles Act, 1988 and Rule 123 of the Central Motor Vehicles Rules, 1989.

(2.) During arguments, petitioner has confined himself to the violation of Rule 123 of the Central Motor Vehicles Rules, 1989 which provides that no motor cycle which has provision for pillion rider, shall be constructed without provision for a permanent hand grip on the side or behind the driver's seat and a foot rest and a protective device covering not less than half of the rear wheel so as to prevent the clothes of a person sitting on the pillion from being entangled in the wheel. It was alleged that motor cycles are being manufactured in violation of Rule 123 of CMV Rules to promote sales and thus endangering the life of pillion riders inasmuch as they do not provide in motor-cycles handgrips and protective devices to prevent entanglement of clothing/legs in the rear wheel. It was further alleged that as a result of violation of Rule 123 of the CMV Rules, approximately 1000 young persons were killed annually in Madhya Pradesh.

(3.) Initially, the Society of Indian Auto mobile Manufactures and the Automotive Research Association of India were not impleaded as a party but subsequently the cause title was amended and they were impleaded as respondents no.6 and 7. The respondents no.6 and 7 have filed their affidavits. The respondent no.7 in the affidavit categorically stated that it is a notified certification Agency as per provisions of Rule 126 and 126A of Central Motor Vehicles Rules, 1989. It was alleged that apart from respondent no.7, there are several other Agencies authorized by the Government of India, namely Vehicle Research & Development Establishment (under Ministry of Defence, Government of India), Ahmed Nagar, Central Institute for Road Transport, Pune, Central Machinery Testing and Training Institute, Budni (M.P.), The Indian Institute of Petroleum, Dehradun and International Centre for Automotive Testing, Manesar, Haryana.