The Gujarat High Court stated that the major road accidents happened due to the over-capacity vehicles that are running in the road with the negligence of the authorities.
- The present case involves the claim of insurance of passengers who are travelled in the over-capacity vehicles that are operating illegally.
- The Police, RTO and the enforcement authorities of law undergone into these acts and it will directly harm the public.
- The Violators are not punished then the common people face larger harm.
The Court examined the reports submitted by the Police Department about the systematic improvement in the enforcement of rules and the commercial vehicles. But, the Court unsatisfied with these reports.
The Court found that the illegal over capacity vehicles were running for the personal gain and directed the state government to assign liability to the officials in case of road accidents.
Justice Sandip Bhatt held that the loopholes and the leakages in the system are required to be addressed properly, and thereby, required to be redressed accordingly and the matter has been re-listed on 14.08.2024, for further consideration.
CASE NAME: United Insurance Company Ltd. V. Kevalji Lumbaji Harijan(Dabhi) & Ors.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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