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2017 DIGILAW 3682 (MAD)

B. Ramkumar Adityan v. Principal Secretary, Transport Department, Government of Tamil Nadu, Fort St. George, Chennai

2017-11-09

ABDUL QUDDHOSE, M.VENUGOPAL

body2017
JUDGMENT : M. Venugopal, J. 1. Mr. T.R. Janarthanan, Learned Additional Government Pleader, takes notice for the Respondents. 2. Heard both sides. No counter is filed on behalf of the Respondents. 3. By consent, the main Writ Petition itself is taken up for final disposal at the stage of admission. 4. According to the Petitioner, 'Rear View Mirrors' and 'Side View Mirrors' are very important for all kinds of vehicles. This is used for safety of the rider in case of two wheelers and driver in case of three wheelers, Light Motor Vehicles (LMVs) and Heavy Motor Vehicles (HMVs). As a matter of fact, 'Rear View Mirrors' (flat type) are fitted inside the vehicle and 'Side View Mirrors' (Convex type) are in both sides of the vehicles. In respect of two wheelers, only 'Side View Mirror' (Convex type) is fitted in both sides and these mirrors provide that riders can have a clear view about traffic in back and take precautions to drive safely. 5. The version of the Petitioner is that in terms of 'Road Traffic Accident Statistic', 2015 of Analysis of Transport Research Wing, Ministry of Road Transport and Highways Data, 2015, Tamil Nadu leads the list of road accidents with 69,059 (13.8%) crashes. Besides that, Chennai alone had witnessed 7,328 accidents. Indeed, number of people killed in crashes involving two wheelers was 46,070 (31.5%) in 1,46,133 fatalities in India, which is more than in any other mode of transport. The age group of 15-24 years was most at risk of being killed with 48,420 (33.1%). The age group of 25-34 was 30,656 (21%), 35-44 was 26,046 (18.3%) and 45-65 was 26,784 (18.3%) of all fatalities. Vulnerable road users (two wheelers, bicycles, pedestrians, etc.) make up 46.3% of the total fatalities in India. 6. The Learned Counsel for the Petitioner proceeds to point out that the data released by the third Respondent shows that 71,431 accidents were registered in Tamil Nadu during 2016, of which, two wheelers involved in 27,815 accidents (38.94%). Number of people killed in crashes involving two wheelers in Tamil Nadu was 5,666 and 28,808 persons were injured and 95% of the accidents were attributed on the fault of the driver. 7. The Learned Counsel for the Petitioner submits that Majority of Riders are not aware that riding without 'Side View Mirrors' is a violation of Traffic Rules. Number of people killed in crashes involving two wheelers in Tamil Nadu was 5,666 and 28,808 persons were injured and 95% of the accidents were attributed on the fault of the driver. 7. The Learned Counsel for the Petitioner submits that Majority of Riders are not aware that riding without 'Side View Mirrors' is a violation of Traffic Rules. Also that, removing the side mirrors is against the Traffic Rules and an offence. The second and third Respondents do not charge violators for removing the 'Side View Mirrors'. But, in other States, namely Karnataka and West Bengal, police impose penalty of Rs.300/- on riding two wheelers without Side View Mirrors as per Section 177 of the Central Motor Vehicles Act, 1988. 8. It comes to be known that the Petitioner had sent a detailed representation on 12.04.2017, which was received by the Respondents, but, till date, the said representation has not met with any positive response. 9. Considering the fact that the Petitioner's representation dated 12.04.2017 is pending, the second Respondent is directed to look into the representation of the Petitioner dated 12.04.2017 with all seriousness and earnestness and to dispose of the said representation by passing a reasoned speaking order on merits, of course, after adhering to the Principles of Natural Justice, within a period of four weeks from the date of receipt of copy of this order. In case any suitable instructions are to be issued by the concerned authority, then, the same may be issued by the second Respondent/Transport Commissioner, Transport Department, Chennai-600 005, or even by the third Respondent/Director General of Police, Tamil Nadu Police, Chennai-600 004, as the case may be. 10. With the aforesaid observations/directions, the Writ Petition stands disposed of. No costs.