HC takes suo-motu action on road safety

 

 

 

The Chhattisgarh High Court registered a suo-motu Public Interest Litigation (PIL )based on local news paper reports highlighting severe traffic and road safety issues in State. The trigger for this litigation was a tragic incident reported on 21st May, where 19 persons including women and minors from the Baiga tribe, died in a catastrophic road accident. The accident occurred when a pickup vehicle, carrying 36 people and 30 sacks of tendu leaves, plunged into a 35 feet ditch after its brakes failed and the driver jumped out to save himself. Notably, the vehicle lacked an indicator and a fitness certificate, underscoring severe regulatory lapses. In response, the Chief Minister announced a compensation of Rs. 5 lakhs for the families of the deceased and Rs. 50,000 for the injured.

 

The news papers also reported on the poor traffic conditions in Bilaspur City and its outskirts, attributing numerous accidents to drunk driving. Over the past four years, 107 fatalities have been recorded. The report highlighted that alcohol is frequently served at highway-side restaurants and dhabas, worsening the problem. In court, Prafull N Bharat, Advocate General for the State, Ramakant Mishra, Deputy Solicitor General for the Union of India, and Dheeraj Wankhede, counsel for additional respondents, were present. The court expressed grave concern over the appalling traffic conditions on state and national highways, citing issues such as over-speeding, stray cattle, poor road maintenance, inadequate lighting and signage, lack of patrolling, and disorderly parking. These factors, coupled with the illegal transportation of laborers in goods vehicles, contribute to frequent and fatal accidents.

 

The court emphasized that ex-gratia payments, while necessary, do not compensate for the loss of a family’s breadwinner. Instead, proactive measures to prevent such accidents are crucial. Referring to the Supreme Court’s guidelines in S. Rajaseekaran v. Union of India (WPC No. 295/2012), the court highlighted the need for compliance with road safety measures, including the formation and effective functioning of District Road Safety Committees as per Section 315 of the Motor Vehicles Act, 1988. The court directed the Chhattisgarh Transport Commissioner, the Regional Officer of the National Highway Division, Raipur, and the Project Director of the National Highway Authority of India, Bilaspur, to submit affidavits detailing their compliance with Supreme Court orders and their efforts to improve road safety. The respondents were given four weeks to file these affidavits, and the matter was scheduled for further hearing on 25th June 2024.