Fix speed governors in two-wheelers too, suggests Madras HC
Chennai, Apr 21: The Madras High Court on Wednesday recommended to the State and Central governments to fix speed governors in two-wheelers too at the production stage itself to curb road accidents.
A Division Bench of Justices N Kirubakaran and Abdul Quddhose, which made the recommendation while enhancing compensation to an accident victim, also said licence-seekers should be taken to hospitals where accident victims are under treatment so that the consequences of violation of road rules would be understood properly first-hand.
The Bench was partly allowing an appeal from the father of a girl challenging the meagre award of Rs 18.44 lakh by a lower court.
The girl sustained grievous injuries in the accident in April 2013. She was hit by a bus belonging to the Metropolitan Transport Corporation.
The court enhanced the compnesation to Rs 1.50 crore.
The Bench noted that the Medical Board examined the girl and determined permanent disability at 90 per cent.
Moreover, she is unable to do any work on her own and has to depend on others throughout her life. Taking into various aspects and the pitiable plight of the victim , the Bench enhanced the compensation.
The other suggestions given by the Bench to eliminate road accidents were provision of modern gadgets like speed gun, speed indication display and drones to find out the speeding vehicles and to punish the drivers besides stringent punishment to the violators of the rules.
Imported vehicles should be calibrated to reduce their speed. Speed-breakers should be laid in accordance with the road safety measures so that they themselves would not become black spots, the judges said.
They also suggested that Special Courts should be constituted to deal with traffic offences and the accident claim cases so that the criminal case arising out of the accident and the claim thereof could be dealt with by them together comprehensively.
The State government should rope in celebrities to spread the message of road discipline through the media, as they also have the social responsibility for an orderly and disciplined society.
Lectures by experts, doctors and social workers stressing upon the necessity to follow road rules should be conducted for licence-seekers before the licence is given.
For reporting compliance, the matter has been posted for hearing on August 2.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
