In a bid to check drunken driving, the Madras High Court has issued a series of directions, including asking the Centre to consider directing the automobile manufacturers to install “alcohol sensing ignition interlocking devices”.
A division bench of Justices N Kirubakaran and Abdul Quddhose passed the “remedial” directions in an appeal filed by a Chennai resident, seeking enhancement of the compensation awarded to him by a Motor Accidents Claims Tribunal
Allowing the appeal of accident victim Manikandam who had been “crippled as a vegetable”, the court ordered that the compensation payable to him, as ordered by the tribunal, be enhanced from Rs 4,37,920 to Rs.67,35,000 along with interest.
The matter will now be taken for filing a compliance report on April 6.
The court issued a number of directions to check drunken driving, noting that the Motor Vehicles Act should be strictly complied with and the perpetrators be punished.
“Though the issue before this Court is with regard to quantum of compensation awarded to the appellant, the issue about drunken driving arises for consideration as contended by the Insurance Company. This Court cannot close its eyes and mechanically decide the quantum of compensation alone without addressing the main cause for the accident and consequently this case. This Court is bound to go into the basic reason for the cause and has a duty to issue remedial direction…,” the bench said.
The court impleaded the Centre and the state authorities concerned while issuing the following directions –
1) The respondents police authorities shall arrest the drunken drivers under Section 202 of the Motor Vehicles Act and subject the drivers for Breathalyser Test under Section 203 of the Motor Vehicles Act for alcohol detection as per Section 185 of the Motor Vehicles Act.
2) The respondents shall make available the sufficient number of Breathalysers to the police.
3) The police authorities shall invoke Section 279 of the IPC for the offence of drunken driving in addition to Section 185 of Motor Vehicles Act.
4) The State transport authorities shall revoke the licence under Section 19(1)(f) of the Motor Vehicles Act for drunken driving.
5) The State transport authorities shall invoke Rule 21(16) of the Central Motor Vehicles Rules, 1989 to disqualify the drunken drivers from holding driving licence.
6) The respondents shall seize/take custody of vehicles of drunk drivers as per Section 202(3) of Motor Vehicles Act.
7) The respondents shall constitute special committed units/wings to check drunken driving.
8) The respondents shall invoke Section 185 of the Motor Vehicles Act along with other IPC offences in cases of accidents involving drunken driving.
9) The Central Government shall consider the suggestion to direct the automobile manufacturers to install “Alcohol Sensing Ignition Interlocking Devices”.
10) The respondents shall conduct mass media campaign against drunken driving regularly roping in celebrities like political leaders, cine stars, sports persons etc., including sensitisation of people, especially college students through short films, dramas and pamphlets about the dangerous consequences of drunken driving.