Supreme Court Takes Bold Steps to Tackle Uninsured Vehicles in India
Supreme Court's Landmark Decision on Vehicle Insurance
New Delhi: In a pivotal ruling, the Supreme Court has expressed grave concern over the high number of vehicles operating without third-party insurance. The court has instructed the government to develop a pilot initiative that would deny fuel at petrol stations to vehicles lacking valid insurance.
The court's decision comes in light of the alarming frequency of road accidents on national highways and the congestion at toll booths. It has mandated the implementation of pilot projects on select routes, replacing traditional toll collection with automatic vehicle detection systems.
A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra highlighted the shocking statistic that approximately 56% of vehicles on Indian roads are uninsured, as reported by the Standing Committee on Finance for 2024-25.
The bench stated, "As discussed in court, the IRDA (Insurance Regulatory and Development Authority) should collaborate with the MoRTH (Ministry of Road Transport and Highways) to create a pilot project linking fuel access to valid insurance status. Vehicles without insurance would be denied fuel until they obtain it."
This initiative aims to achieve two key objectives: identifying uninsured vehicles and encouraging owners to secure valid insurance.
The court emphasized that such measures would enhance compliance with Section 146 of the Motor Vehicles Act (MVA) and could be facilitated through the use of ANPR (Automatic Number Plate Recognition) technology. The Ministry of Petroleum and Natural Gas has indicated no objections to this approach.
Previously, in 2018, the court mandated that new cars must have third-party insurance for three years and two-wheelers for five years at the time of purchase or registration.
Despite this directive being in place for eight years, a significant number of vehicles remain uninsured. While the IRDA and GIC (General Insurance Council) have suggested maintaining the current insurance period, the court believes extending it by one year is crucial for road safety.
Thus, the court has ordered that new cars must now have third-party insurance for four years, and new two-wheelers for six years. The IRDA is tasked with issuing the necessary guidelines promptly.
Currently, there are 16.54 crore uninsured vehicles out of a total of 30.48 crore, leading to delays in victim compensation and legal disputes.
The court noted that the purpose of mandatory insurance under Section 146 of the MVA is not only to ensure compensation for accident victims but also to prevent them from facing lengthy legal battles.
Victims and their families often find themselves entangled in protracted litigation regarding compensation amounts and liability, which is particularly devastating for families of deceased victims or those with permanent disabilities.
In the interest of justice, the court has directed the IRDA and MoRTH to deploy ANPR cameras in select states, integrating them with data from the Insurance Information Bureau and the VAHAN portal to issue automatic e-challans to uninsured vehicles.
Currently, there is no standardized method for state police to verify insurance status, and the court has ordered that they be equipped with handheld devices or apps linked to the Insurance Information Bureau and VAHAN portal.
This will enable real-time monitoring of vehicle insurance status and facilitate the issuance of fines for violations, ensuring adherence to mandatory insurance requirements.
The court has also instructed the IRDA to provide various policy options, including add-on covers for personal accidents and damage, in addition to a base policy that meets the minimum coverage mandated by the Motor Vehicles Act.
In a motor accident claim case, the court underscored the unfortunate reality of road safety in India, where despite existing laws mandating third-party motor vehicle insurance, compliance remains inadequate.
As a result, victims and their families often struggle to secure compensation, facing numerous obstacles in the process.