SLP (C) No. 16506 of 1998

This Court by its order dated 30-8-2000 (See this cited order at p. 564) issued notice to the Attorney-General/Solicitor-General for assisting the Court in respect of the anomalies which have been pointed out in the Second Schedule of Section 163- A. The submission made, which is recorded in that order, is prima facie on the interpretation of Section 163- A read with Section 163-B with reference to the Second Schedule in the Motor Vehicles Act, 1988, a lot of anomalies have been indicated, some of them have been recorded therein. In pursuance of the said notice today Shri Altaf Ahmed, Additional Solicitor-General appearing on behalf of the Attorney-General also referred to the affidavit filed by the Union of India by one Shri S. N. Patnaik. The said affidavit avers that the Ministry of Road and Transport Highways has already initiated action for carrying out major amendment to the Motor Vehicles Act, 1988 which includes the subject-matter for which notice has been issued. However, the process of preparing the draft amendment in the form of a Bill for introducing it before Parliament will take some time, as consent of the State has to be taken, since the subject-matter is under the Concurrent List. This apart, so far as the anomaly is concerned, it being a part of a legislative Act the Union of India cannot correct except through an amendment to be brought in Parliament.

The position remains as it is and parties may proceed to submit irrespective of the anomalies, if any, based on the Second Schedule. However, in view of what has been said on behalf of the Attorney-General and the affidavit of the Union of India, any further assistance is not required either of the Attorney-General/Solicitor-General, for the purpose of this case hence the notice is discharged.

SLP (C) No. 1980 of 2000

In pursuance of our order passed earlier, the amount has already been deposited by the insurance company. The claimant may withdraw to the extent of Rs. 25, 000 out of the said amount without furnishing any security. The draft/cheque may be issued by the Registry in the name of the claimant.

List this group of cases after vacation for final disposal on a non-miscellaneous day.