We can't take over legislative functions, says SC

The Supreme Court today said it cannot "take over legislative functions" as it refused to go into the issues relating to the Motor Vehicles (Amendment) Bill on the ground that it was pending for consideration before the Rajya Sabha.

A bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta was told that Motor Vehicles (Amendment) Bill, 2017 has not been passed by Rajya Sabha at the recently concluded monsoon session of Parliament. The bill was passed by the Lok Sabha on April 10 last year.

Additional Solicitor General (ASG) Pinky Anand, appearing for the Centre, said the bill was likely to be taken up in the Rajya Sabha during the Winter Session, whichi generally begins late November.

Advocate Gaurav Agarwal, assisting the court as an amicus curiae in the road safety matter, said the bill revises the amount of compensation to Rs two lakh in case of death and Rs 50,000 for grievous injury in road accidents.

As per the existing scheme, Rs 25,000 is paid to a victim of hit-and-run accident in case of death and Rs 12,000 compensation is given to those who are grievously injured.

The amicus told the top court that since the Centre, as well as insurance companies, were ready to pay the enhanced compensation to victims of road accidents, the court should ask them to pay the same.

"We cannot do that. If the Rajya Sabha does not consider it, that does not mean that we should consider it," the bench said.

"Rajya Sabha is seized of the matter. How can we go into it," Justice Lokur observed, adding, "We cannot take over legislative functions".

When the amicus said the government was ready to allow grant of compensation of Rs two lakh in case of death of a person in road accident, the bench said, "The government is free to do it. If somebody wants to pay Rs two lakh, why should we say no you don't pay?"