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Judiciary

'Over Speeding Main Cause for Road Accidents': Madras High Court Quashes Notification on Increased Speed Limits [READ ORDER]

By Nargis Bano      19 September, 2021 11:53 AM      0 Comments
'Over Speeding Main Cause for Road Accidents': Madras High Court Quashes Notification on Increased Speed Limits [READ ORDER]

Observing that over-speeding was the leading cause of road accidents, the Madras High Court quashed a Central Government notification issued in 2018 that increased speed limits.

The notification increased the speed limits for M1 vehicles on expressways to 120 kilometres per hour and on four-lane highways to 100 kilometres per hour.

In an order issued on August 18,2021(uploaded later), a division bench of Justices N Kirubakaran (since retired) and V Thamilselvi directed the Central Government to revert to the 2014 notification, which prescribed lower speed limits.

"The speed limit is ordered to be reduced in accordance with the earlier notification dated 05.08.2014," the Court ruled.

Speed limit graph based on 2018 notification

Speed limits as of 2014 are depicted in a chart.

This directive was issued by the bench while hearing an appeal seeking an increase in compensation awarded by the Motor Accidents Claims Tribunal.

The bench observed, refusing to accept the Central Government's position that the speed limits were increased based on expert recommendations.

"Given that overspeeding is the leading cause of road accidents, taking people's lives and causing property damage, the Fourth Respondent's decision, as reflected in the notification dated 06.04.2018, is liable to be quashed," it said

The Court stated that it was acting on its own initiative, invoking the powers granted to it by Article 227 of the Constitution, to issue the orders quashing the aforementioned notification.

"When speeding is a major cause of road accidents, it is unclear how improvements in road infrastructure and engine technology would reduce accidents. Indeed, improved engine technology would always be a cause of uncontrolled speed, resulting in an increase in the number of accidents, "the bench noted in the order.

The order relied heavily on statistics to establish that speeding was the leading cause of accidents. The percentage of accidents caused by excessive speed was 66.7 percent in 2017, 55.73 percent in 2018, and 64.4 percent in 2019.

 

 [READ ORDER]



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