THANDAVA YOGESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition (public interest litigation) has been filed by the petitioner stating that the State of Telangana is not implementing Sec. 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 others (2010) 2 SCC 607 . 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.

(2.) 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 Sec. 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 dtd. 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 Sec. 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.

(3.) In the considered opinion of this court, keeping in view the material brought before this court along with the counter affidavit,there is certainly compliance as per Sec. 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 Sec. 158(6) of the Act and also the directions issued by the Hon 'ble Supreme Court in the case of Jai Prakash (supra).