Use of helmets made compulsory for all two- wheeler drivers from 01.07.2015

Madras High Court: Expressing concern over the growing rate of accidents in India due to non compliance with the provisions of the Motor Vehicle Act, 1988, especially Section 129, which mandates the use of helmets for two-wheeler riders, N. Kirubakaran, J. held that from 01.07.2015 it is compulsory for all riders of two-wheeler vehicles to use helmets. It was also held that failing to comply with the orders would result in impounding of the driver’s license under Section 206 of the Motor Vehicle Act, 1988. It was also directed that CCTV cameras should be installed in order to monitor any violation of the above stated order. It was suggested that the Government should look into the designs of the helmets to provide visibility on the sides as well as at the front of the wearer. Lastly it was also advised that the Government should take measures to make the people aware about the hazardous effects of not complying with the provisions of the Act.

In the given case the victim, while riding his two-wheeler, was hit by a van coming from the opposite direction. He suffered serious injuries on his head which finally resulted in his death. The petitioners, who were the legal heirs of the victim, got a compensation of Rs.12, 23,100 from the Tribunal against which they filed an appeal in the High Court for grant of adequate compensation. T.G. Balachandran, the counsel for the appellants pleaded that the compensation granted by the Tribunal is inadequate and should be increased, whereas Shrinivasan Ramalingam appearing for the respondents, pleaded that the victim was not wearing his helmet and therefore was himself responsible for the accident.

The Central Government was also made a respondent in the case and was questioned about the alarming increase in the rate of accidents in India, and the measures taken by the Government to prevent them. The Court further observed that Section 129 of Motor Vehicle Act, 1988 has been added as a preventive measure to prevent the loss of life, but without proper implementation, the provision is as good as redundant; therefore the Court directed the Central Government to issue directions to the States to monitor the implementation of Section 129 in earnest. R. Mallika v. A. Babu, CMA. No. 3235 of 2014, decided on 08.06.2015