New Delhi [India], April 18 (HBTV): The Supreme Court on Thursday raised key concerns over the lack of swift response mechanisms for road accident victims and urged the Centre, states, and union territories to implement effective protocols to address the issue.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan noted that road accidents are increasing across the country and highlighted that many victims fail to receive timely assistance.

'Road accidents in our country are on the rise. Reasons may be different. There are cases where victims who are injured do not get immediate help. There are cases where victims may not be injured, but they get trapped in vehicles. In short, the issue raised by the applicant is about the obligation of the state to develop machinery that will provide a swift response to the victims,' the bench stated. While the Court refrained from issuing a mandamus at this stage, it stressed that states must implement swift response protocols to ensure victim safety.

The apex court granted all states and union territories six months to file a response on the matter. The Additional Advocate General informed the court that the National Highway Authority of India (NHAI) has developed a protocol on road safety measures. Taking note of this, the bench directed NHAI to circulate copies of the protocol to all states and UTs.

Further, the Court instructed NHAI to file an affidavit within six months outlining the steps it will take regarding the matter. States and UTs were asked to follow the NHAI protocol while framing their own response systems.

In the same matter, the Court was informed that the National Road Safety Board, mandated by the Motor Vehicles Act, has not been constituted. The bench remarked that while the Act provides for the establishment of the board, it remains on paper with no appointments made.

'The Motor Vehicles Act provides for the constitution of the National Road Safety Board. However, as indicated in the notes submitted by Amicus, the board has remained on paper. Chairpersons and members haven't been appointed,' the bench noted.

Accordingly, the Court directed the Centre to file an affidavit within two weeks specifying the outer limit by which the Board will be constituted.

Another issue raised pertained to the automatic abatement of proceedings under specific provisions of the Uttar Pradesh Motor Vehicles Act. The Court expressed concern that this allows traffic offenders to escape accountability if fines are not paid within a stipulated time.

'This IA will require the response of the State of UP. Prima facie, it appears to us that the effect of the UP Act is that if a person allegedly commits an offence and does not pay a fine, after a lapse of time, the proceeding automatically abates. Result is that traffic offender is left free,' the Court observed.

The bench also addressed the issue of working hours for transport drivers. It noted that although the Motor Vehicles Act limits working hours to eight hours per day and 48 hours per week, these provisions are not properly enforced.

The Ministry of Road Transport and Highways was directed to convene meetings with all state and UT departments to devise effective implementation strategies. The Court also instructed the Ministry to collect reports from the states and UTs on the enforcement of drivers' working hour limits, to be submitted by the end of August.

Additionally, the Court took note of the delay in publishing the annual report on road accidents for the year 2023 and directed the Ministry of Road Transport and Highways to submit the report by August 2025. The Court emphasized that such annual reports must be released within six months to ensure timely public access to road safety data.

(ANI)