LI Network
Published on: December 13, 2023 at 12:07 IST
The Supreme Court has instructed the National Legal Services Authority (NALSA) to formulate a comprehensive scheme outlining recommendations for the effective implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.
The directive came from a bench comprising Justice J K Maheshwari and Justice K V Viswanathan, which has been overseeing a case related to the enforcement of the amended Motor Vehicles Act and Central Motor Vehicles Rules.
In December 2022, the Court issued several directives concerning compensation for motor accident claims. Subsequently, the Court mandated all States and Union Territories to submit compliance reports regarding these directives.
Despite the Court’s directions, States and UTs failed to file the required compliance reports on two occasions, prompting the Supreme Court to express dissatisfaction with their “lethargic attitude.”
In response, the Court appointed Senior Advocate J. R. Midha as Amicus Curiae to compile reports from the states, analyze relevant Act provisions and Rules, and provide suggestions. Advocates Samrika Biswal and Sumit Chander were appointed to assist the Amicus.
During the recent hearing on December 4th, the Court sought input from Amicus Curiae J. R. Midha, Advocate Archana Pathak Dave representing the Union of India and the General Insurance Council (GIC), Advocate Abhishek Nanda representing the Insurance Regulatory and Development Authority (IRDA), and Advocate Gaurav Agarwal representing NALSA. The Court subsequently directed the preparation of a scheme under NALSA’s guidance.
The Secretary of NALSA has been tasked with submitting an affidavit in this regard after consulting with the Amicus Curiae, the State Legal Services Authorities, officials from the Central Government, GIC, IRDA, and State officers.
In a previous order, the Supreme Court directed all State Governments and Union Territories to deposit funds with the Court’s Registrar to compensate the Amicus Curiae for their efforts. States were instructed to deposit Rs. 30,000 each, while Union Territories were required to deposit Rs. 20,000 each. During the recent hearing, an amount of Rs. 2,30,000 was directed to be released to the Amicus Curiae.
Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others” (Civil Appeal No. 9322 of 2022), is scheduled for further hearing on January 5th.