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Report No. 85

3.30. Recent judgment of the Supreme Court.-

The following observations made in a recent judgment of the Supreme Court3 may also be noted in this context:-

"This petition for special leave under Article 136 is by a truck driver whose lethal hands at the wheel of a heavy automobile has taken the life of a scooterist-a deadly spectable becoming so common these days in our towns and cities. This is a case which is more a portent than an event and is symbolic of the callous yet tragic traffic chaos and treacherous unsafety of public transportation the besetting sin of our highways; which are more like fatal facilities than means of mobility. More people die of road accidents than by most diseases, so much so the Indian highways are among the top killers of the country.

What with frequent complaints of the State's misfeasance in the maintenance of roads in good condition, the absence of public interest litigation to call state transport to order, and the lack of citizens' tort consciousness, and what with the neglect in legislating into law no fault liability and the induction on the roads of heavy duty vehicles beyond the capabilities of the highways system, Indian transport is acquiring a menacing reputation which makes travel a tryst with Death."

1. Rattan Singh v. State of Punjab, (10-1-1980) SCWR, Vol. 35, Part 1, pp. 29, 31.

3.31. It is needless to add that we have borne these observations in mind when making our recommendations on various matters in this Report.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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