The Jharkhand High Court's decision on government vehicle insurance brings an important distinction between statutory exemptions and public accountability into focus. While the law recognises exemptions for certain government-owned vehicles, concerns over road safety, accident liability and citizens' protection remain central to the larger debate.

A PIL SEEKS UNIFORM INSURANCE COVERAGE

Jharkhand HC clarifies: Third-Party Insurance not mandatory for eligible government vehicles 

The case arose from a public interest litigation filed by Ravi Kumar Verma, a resident of Chas in Bokaro district. He alleged that thousands of government vehicles were operating on public roads without valid insurance or registration number plates, raising concerns about the consequences of accidents involving such vehicles.

The petitioner sought mandatory third-party insurance for all government vehicles, a prohibition on the use of uninsured vehicles and clear accountability in accident cases.

THE LAW BEHIND THE EXEMPTION

The state Transport Department, in an affidavit filed on January 6, 2021, denied the allegation that government vehicles were operating without registration plates. It cited Section 146(2) of the Motor Vehicles Act, 1988.

While Section 146(1) generally mandates third-party insurance for vehicles used in public places, Section 146(2) exempts vehicles owned by the Central or State Government and used for non-commercial official purposes. The exemption does not extend indiscriminately to every government-associated vehicle.

COURT UPHOLDS THE STATUTORY POSITION

A division bench comprising Chief Justice M.S. Sonak and Justice Manoj Prasad declined to issue directions making third-party insurance compulsory for all government vehicles. The court held that such a direction would not be appropriate in view of the existing statutory exemption and disposed of the PIL.

EXEMPTION MUST NOT MEAN ABSENCE OF ACCOUNTABILITY

The ruling clarifies the legal position, but raises an equally important governance question: how are citizens protected when accidents involve government vehicles exempt from compulsory third-party insurance? Legal exemption and public responsibility must remain distinct. Roadworthiness, transparent accident-liability mechanisms and timely compensation must continue to be priorities.

 

Source: https://jharkhandheadlines.com/jharkhand-high-court-government-vehicles-third-party-insurance-exemption-2/

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