Delhi High Court - Orders
Aarshi R Kapoor & Anr vs Union Of India & Anr on 3 May, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Tushar Rao Gedela
$~11 & 12.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6340/2017 and C.M. No. 55699/2019
AARSHI R KAPOOR & ANR ..... Petitioner
Through: Mr. Anil K. Aggarwal and Ms. Nitu
Yadav, Advocates.
versus
UNION OF INDIA & ANR ..... Respondent
Through: Mr. Anurag Ahluwalia, CGSC for
Respondent/ UOI.
Mr. Abhishek Nanda, Advocate for
Respondent NO.2.
Mr. Anil Aggarwal, Proxy Counsel
for Respondent No.3.
Mr. Deepak Pandey and Mr. Aashish
Gupta, Advocates for Respondent
No.4.
+ W.P.(C) 1498/2018 and C.M. Nos. 6143/2018 & 40306/2019
MD. ASIF ..... Petitioner
Through: Mr. Anil Aggarwal, Proxy Counsel.
versus
UNION OF INDIA AND ORS. ..... Respondent
Through: Mr. Anil Soni, CGSC wtih Mr.
Devvrat Yadav and Mr. Prateek Rana,
Advocates for Respondent/ UOI.
Mr. Deepak Pandey and Mr. Aashish
Gupta, Advocates for Respondent
No.4.
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 03.05.2023 W.P.(C) 6340/2017 and C.M. No. 55699/2019
1. The present PIL has been filed by the Petitioner raising a serious concern in respect of heavy steel/ metal bars which are either sold as Crash Guards/ Bull Bars on front and rear ends of all sorts of vehicles in the country.
2. The Petitioner's contention is that because of heavy Crash Guards/ Bull Bars, in case of an accident, the pedestrians and other vehicles which are not fitted with those kind of bars are suffering, deaths are taking place, fatal injuries are taking place and the vehicles manufacturers do not provide for such Bull Bars/ Crash Guards at the time of manufacturing/ sale of the vehicle. He has also stated that because of Crash Guards/ Bull Bars, the mechanism which is in place in respect of air bags also does not operate in time.
3. The Petitioner has prayed for the following reliefs.
―(a) to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing the respondent no.l to exercise its statutory power under the Motor Vehicles Act, 1988, in relation to road safety and regulation of construction, equipment and maintenance of motor vehicles to prohibit installation and use of after-market rigid steel/metal frames and bars popularly known as "Crash Guards" or "Bull Bars" on the front and rear ends of all types and categories of motor vehicles; and prohibit running on road of all motor vehicles installed with and supporting "Crash Guards" or "Bull Bars";
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24and
(b) to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing the respondent no.l to exercise its statutory power under the Motor Vehicles Act, 1988, in relation to road safety and regulation of construction, equipment and maintenance of motor vehicles to prohibit modification of construction and equipments of all types and categories of motor vehicles impairing any inbuilt safety features and safety devices of the motor vehicles and / or affecting crashworthiness of motor vehicles in any manner; and prohibit running on road of all such vehicles; and
(c) to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s suo-moto prohibiting installation and use of after-market rigid steel/metal frames and bars popularly known as "Crash Guards" or "Bull Bars" on the front and rear ends of all motor vehicles registered in NCT of Delhi and also prohibit running of all motor vehicles installed with and supporting "Crash Guards" or "Bull Bars" including the motor vehicles entering in National Capital Territory of Delhi from other States and Territories on the roads of NCT of Delhi, till such time the respondent no.l take necessary steps; and
(d) to issue a writ of mandamus and/or any other appropriate writ/s, order/s or direction/s directing the respondent no.2 to exercise its statutory power under the Insurance Regulatory and Development Authority Act, 1999 to prescribe terms and conditions of motor vehicle insurance offered by the insurer to not to insure motor vehicles installed with and using "Crash Guards" / "Bull Bars" and /or motor vehicles having modified construction and equipments, impairing inbuilt safety features and safety devices of the motor vehicle and / or affecting crashworthiness of motor vehicle in any manner; and
(e) Pass such other writ/s, order/s or direction/s as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice including cost to the petitioners.‖
4. The Respondent/ Union of India has filed a counter-affidavit through the Director (MVL), Ministry of Road Transport and Highways. It has been Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24 stated that in exercise of power conferred under Section 109 and 110 of the Motor Vehicles Act, 1988 (MV Act), the Ministry of Road Transport and Highways has issued a notification vide No. S. O. 411(E) dated 09.02.2016 wherein the Indian Standard IS15901:2010 regarding requirement for bumpers fitted on M1 category of vehicles has been notified with effect from 01.10.2016. The notification is reproduced as under:
―MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 9th February, 2016 S.O. 411(E).--In exercise of the powers conferred by sub- section (3) of section 109 and clause (k) of subsection (1) of section 110 of the Motor Vehicles Act, 1988 (59 of 1988), read with sub-rule (1) of rule 124 of the Central Motor Vehicles Rules, 1989, the Central Government hereby makes the following further amendments in the notification of Government of India in the erstwhile Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways) number S.O. 1365(E) dated 13th December, 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- Section (ii), namely:-
(2) In the said notification, in the Table,-
(i) for serial number 11 and the entries relating thereto, the following shall be substituted, namely:-
(1) (2) (3) (4)
―11. The external IS 13942:1994, Date of
projection on as amended commencement:
all motor from time to 13th December,
vehicles other time, for vehicle 2004
than three categories Valid up to30th
wheelers of mentioned September, 2017
engine capacity therein. for new models of
less than 500 M1 category
cc and motor AIS- vehicles and 30th
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
cycles. 120/2014, September, 2019
as amended for existing models
from time to of M1 category
time, for M1 vehicles;
vehicle
categories For new
mentioned models:1st
therein. October, 2017
‖ For existing
models: 1st
October, 2019‖
(ii) for serial number 18 and the entries relating thereto, the following shall be substituted, namely:-
(1) (2) (3) (4)
―18. Identification AIS- For all
of Controls, 071/2009 vehicles,
Tell-Tales (Part-1 including
and and Part- construction
Indicators 2), as equipment
and Control amended vehicles, other
Location and from time than
Operation to time. agricultural
Requirements tractors and
on motor two wheeled
vehicles vehicles:
including For new
agricultural models:15th
tractors and March, 2013;
construction For existing
equipment models: 15th
vehicles March, 2014;
For
agricultural
tractors:
Engine capacity
below37 kW:
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
1st April, 2013;
Engine capacity
37 kW or
above:1st April,
2014; For two
wheeled
vehicles: For
new models:
Date of
commencement:
15th March,
2013 Valid up
to: 30th
September ,
2016 For
existing
models: Date of
commencement:
15th March
2014 Valid up
to: 30th
September,
2017
18-A Location, AIS- For new
identification 126/2014, models: 1st
and as October, 2016
operation of amended For existing
Controls, from time models: 1st
Tell-tales to time. October,
and 2017‖;
Indicators of
two wheeled
vehicles.
(iii) for serial number 21(ii) and the entries relating thereto, the following shall be substituted, namely:-Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24
(1) (2) (3) (4)
―21(ii). Electromagnetic AIS-004 L category
compatibility of (Part 3)- vehicles
motor vehicles 2009, as (including
manufactured amended electric power
on and from from train vehicles) :
dates mentioned time to For new
incolumn (4). time. models: 1st
October, 2013
For existing
models:
1stOctober,2015
Motor vehicles
of M and N
category
complying with
Mass Emission
standards for
Bharat Stage IV,
including
electric power
train vehicles:
1st October,
2015‖
(iv) for serial numbers 26, 27, 28, 29 and the entries relating thereto, the following shall be substituted, namely:-
(1) (2) (3) (4)
―26. Electric AIS-038 1st
Power Train (Rev.1) / October,
Vehicles - 2015, as 2016.
Construction amended
and from time
Functional to time
Safety
Requirements
27. Electric AIS-039 1st
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
Power Train (Rev.1) October,
Vehicles /2015, as 2016.
Measurement amended
of Electrical from time
Energy to time
Consumption
28. Electric AIS-040 1st
Power Train (Rev.1) / October,
Vehicles - 2015, as 2016
Method of amended
Measuring from time
the Range to time
29. Electric AIS-041 1st
Power Train (Rev.1) / October,
Vehicles - 2015, as 2016.‖;
Measurement amended
of Net Power from time
and to time.
Maximum 30
Minute
Power
(v) for serial number 33 and entries relating thereto, the following shall be substituted, namely:-
(1) (2) (3) (4)
―33. The spray AIS-013 For new
suppression (Rev.1)/2014, models:
devices for as amended 1st
automotive from time to October,
vehicles. time, for 2016
vehicles For
specified existing
therein. models:
1st
October,
2017‖;
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
(vi) for serial number 40 and the entries relating thereto, the following shall be substituted, namely:
(1) (2) (3) (4)
―40. The interior IS 1st
noise level 12832:2010, October,
requirements as amended 2016.‖;
for the from time to
vehicles - for time
transport
vehicles of
M2, M3, N2
and N3
category
(vii) for serial number 41 and the entries relating thereto, the following shall be substituted, namely:
(1) (2) (3) (4)
―41. Requirement IS 1st
for bumpers 15901:2010, October,
fitted on M1 as amended 2016.‖;
category of from time to
vehicles time
(viii) after serial number 49 and entries relating thereto, the following shall be inserted, namely:
(1) (2) (3) (4)
―50. Test IS 9435: 1st
procedure 2004, as October,
for amended 2016.
measurement from time
of minimum to time
ground
clearance
for M1
category of
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:06.05.2023
16:04:24
vehicles
51. Protective AIS- 1stApril,
devices 075/2006, 2017.
against as
unauthorised amended
use for M from time
and N to time
category
vehicles
52 Vehicle AIS- 1stApril,
Alarm 076/2007, 2017.‖.
Systems and as
Immobilizers amended
for M1 from time
category, to time
and N1
category
(having
GVW not
more than 2
ton)
Note: If
other
categories of
vehicles are
fitted with
such devices,
the vehicles
shall comply
with the
requirements
of AIS-076/
2007, as
amended
from time to
time.
[F. No. RT-11028/03/2015- MVL] Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24 ABHAY DAMLE, Jt. Secy.
Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number S.O. 1365(E), dated the 13th December, 2004 and last amended vide notification number S.O. 2412(E), dated the 3rd September, 2015."
5. The contention of the Union of India is that all manufacturers are adhering with the aforesaid notifications, and, thereafter, clarificatory circular has also been issued on 07.12.2017, and the same is reproduced as under:
―No. RT-11021/38/2017-MVL The 7th December, 2017 To The Principal Secretaries (Transport)/The Secretaries (Transport)/ The Transport Commissioners of all the States/UT Administrations.
Subject: Action against unauthorised fitment of Crash Guard / Bull Bar on the Motor Vehicles. Madam/Sir, Kind attention is drawn to the unauthorised fitment of crash guards/ bull bars on the Motor Vehicles. The fitment of crash guard / bull bar on the vehicles pose serious safety concerns to the pedestrians as well as occupants of the vehicle. It is brought to your notice that the fitment of crash guards / bull bar is in contravention of Section 52 of the Motor Vehicles Act. 1988 and attracts penalty under Section 190 and Section 191 of the Motor Vehicles Act, 1988.
2. It is therefore requested that States may take strict action against the unauthorized fitment of Crash Guard/ Bull bar on the Motor Vehicles.
Yours faithfully
-sd-
(Priyanka Bharti) Director (MVL) Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24 Tel:23314316 e-mail:[email protected]"
6. Learned Counsel for Union of India has further argued before this Court that Section 52 of the MV Act does not permit alteration in motor vehicles, and there is no provision for fitment of Crash Guards or Bull Bars under the MV Act or under the Central Motor Vehicles Rules, 1989. It has been stated that they have been taking action against unauthorized fitment of Crash Guards and Bull Bars.
7. This Court has carefully gone through the Writ Petition as well as the reply filed by the Respondents and the same reveal that the Section 52 deals with alteration in vehicle and any contravention to Section 52 attracts penalty under Section 190 of the MV Act. The said Section 190 of the MV Act reads as under:
―190. Using vehicle in unsafe condition.--
(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine [of one thousand five hundred rupees], or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine [of five thousand rupees], or with both [and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property].
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24 [imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with [imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence [with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine [of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both."
8. In the considered opinion of this Court, there is already a mechanism in place for taking appropriate action against those persons who are violating Section 52 of the MV Act, and the same has been clarified by the Government of India by filing the reply.
9. The Government of India has in fact issued a clarification and has brought to the notice of all Principle Secretaries (Transport) and Transport Commissions of all States/ Union Territories to take action against the violators of Section 52 of the MV Act in respect of the subject matter of the present PIL.
10. In light of the aforesaid, as the statutory provisions are already in place, the Respondent Union of India shall ensure strict compliance of the statutory provisions in respect of the violators in accordance with law.
11. With the aforesaid, the present PIL stands disposed of.
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24W.P.(C) 1498/2018 and C.M. Nos. 6143/2018 & 40306/2019
12. In light of the order passed by this Court in the aforesaid PIL i.e. W.P.(C) No. 6340/2017, no further orders are required to be passed in this Writ Petition also, and the same also stands disposed of.
SATISH CHANDRA SHARMA, CJ TUSHAR RAO GEDELA, J MAY 3, 2023 aks Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.05.2023 16:04:24