PANAJI
While acknowledging the Goa government’s decision to enforce the installation of speed governors in rental cars, the High Court of Bombay at Goa has emphasized the importance of strict adherence to this measure, citing Article 21 of the Constitution.
During a hearing on a writ petition concerning an accident, the government advocate referred to The Goan's report published March 2, 2024, which highlighted that out of around 2800 accidents in 2023, 52 involved rental cars, 24 rental bikes, and 517 involved vehicles registered outside the State. The advocate assured the Court that necessary directions have been issued to the enforcement agency regarding this matter.
To this, the Division Bench of Justices M S Sonak and Valmiki Menezes stressed that there should be no leniency in implementing these directives.
“This is to be appreciated. There should be no laxity. It is the bounden duty of the state to protect life. Article 21 of the constitution casts a duty on the state to ensure that life and liberty are not deprived otherwise than by the procedure prescribed by the law,” it said.
Now that the government is taking steps to ensure the fitment of speed governors in rental cars, the Bench further directed that authorities must also examine the position of the insurance cover of such rental vehicles.
The Court stated that the government must also consider issuing a circular to officials at various road checkpoints or entry into the State to verify insurance coverage status including insurance coverage against third-party risks. “All this is necessary because otherwise, it becomes extremely difficult for victims of road accidents or their dependents to recover the just compensation from the owners and drivers of such vehicles, in the absence of a proper insurance cover,” reads the order.
Other general directions to the authorities:
DGP to issue a circular to all the police stations apprising them of Rule 299A (prohibition against the release of uninsured motor vehicles involved in accidents) within 15 days, file compliance to the Court within 4 weeks;
North and South Collectors to issue similar circulars or forward DGP’s circular, to all the executive magistrates. Collectors to complete this exercise in 4 weeks;
Principal District Judges in North and South must also issue a circular to all the courts/magistrates
Transport Dept and Police must verify third party insurance cover status of all vehicles operating under Rent a Cab or Rent a Bike scheme;
Vehicles without insurance cover should not be allowed on the public roads;
Transport Dept and Police must consider issuing necessary 299A Circular/Order to officials at all checkpoints;
DGP must issue instructions to prosecute drivers and owners of uninsured vehicles;
DGP must file compliance reports of instances where the prosecution has already been launched since at least the last two years;
Police, Transport officials; Court, Executive Magistrates and other concerned officials to comply with the Rule 299A given the alarming rise in road accidents involving uninsured vehicles.
