Revision as of 12:41, 8 August 2017

Motor Vehicles Act, compensation, unborn child

The Times of India, Aug 26, 2011

Dhananjay Mahapatra TNN

1.8L payout for death of fetus in road accident

The Supreme Court has awarded Rs 1.80 lakh as compensation under Motor Vehicles Act to Kusuma, who lost her unborn baby when her car collided with a bus. The task of a bench comprising Justice D K Jain and R M Lodha was made easier by the National Insurance Company, which didn’t challeng before the tribunal or high court Kusuma’s stand that an unborn child should be counted as a living being while claiming compensation.

Insurance co challenged only quantum of relief

The Supreme Court on rejected National Insurance Company’s appeal against the high court order that awarded compensation to a woman who lost her unborn child in an accident with a state transport bus.

The bench at the time of entertaining the appeal had found the question—can a fetus be considered a child for the purpose of compensation — important and appointed senior advocate U U Lalit as amicus curiae. It realized that the insurance company had not questioned the correctness of the award made by the tribunal, determining the amount of compensation “towards the loss of unborn child”. It had only challenged the quantum.

“The appellant company is now stopped from contending that an unborn child cannot be considered to be a child for the purpose of claiming compensation under Section 166 of the MV Act,” Justice Jain, writing the judgment said. “It is manifest from the judgment under challenge that the question for consideration before the HC in the claimant’s appeal was with regard to the quantum of compensation and not entitlement of claim for grievous injury to a 30-week-old child in uterus resulting in the birth of a stillborn child,” the SC said, upholding award of Rs 1.8 lakh to the woman.

Rules on beacons/ red, blue lights

2014: Tamil Nadu list of entitled persons

November 16, 2014: The Hindu

List of dignitaries who can use red, blue beacons

The State government has come up with a list of dignitaries who can use red and blue beacon lights on top front of the vehicles.

The Supreme Court on December 2013had directed the State governments and UTs to regulate the use of red beacon lights in vehicles carrying high dignitaries and use of lights of other colours on vehicles used by men in uniform, operational agencies and vehicles engaged in emergency duties.

In October 27 this year, the Transport Commissioner sent a proposal to the government which approved it and issued an order on Saturday.

Hereafter, only the vehicles carrying the Governor, Chief Minister, Chief Justice of the High Court, Assembly Speaker, Ministers and Judges of the High Court would be permitted to use red light with flasher as top light.

Vehicles carrying Chief Secretary, Deputy Speaker, Chairmen of advisory boards and commissions like Human Rights, Minorities, Public Service, Law; State Election Commissioner, Advocate General could use red light but without flasher as top light.

The vehicles carrying top police in the rank of DGP, ADGP, IG, DIG, SP, Commissioner, Additional Commissioner, DC and AC, ASP, DSP could use blue light with flasher as top light.

Vehicles carrying officials like government secretaries, department heads, district collectors, municipal chairmen and commissioners, district judges who require unhindered access to the roads for performing their duties can use blue light with flasher as top light, the order states.

2017: Government of India’s restrictions

Dipak Dash, Govt notifies beacon ban, May 2, 2017: The Times of India

 The government on Monday notified a ban on using all types of beacons by any vehicle except those used by police, fire department, ambulances, military and paramilitary forces when they are on active emergency duty .These vehicles covered under “active“ emergency and disaster management duties will have multi-coloured (red, blue and white) beacons like the ones used by PCR vans.

Each state will have to publish the list of exempted vehicles every year for public information. “The state transport departments will issue special stickers for such vehicles for identification,“ a government official said.

As per the notification, vehicles used in ports, mining areas and airports will be allowed to use “ambers“ (yellow beacons).Such vehicles will be allowed to ply only within the operation zones.

Sources said there were suggestions that officials such as collectors or deputy commissioners and sub-divisional magistrates be allowed to keep the beacons since in many cases they are early responders to any crisis, but the Centre did not accept this.

“Now it will be impossible for anyone to misuse the beacons, which had actually become a menace. People can single them out for violations.We are also increasing the penalties for any such violation,“ Union transport minister Nitin Gadkari had told TOI the day government had announced ban of all types of beacons by dignitaries.