Savelife Foundation & Anr. vs Union of India

 Savelife Foundation & Anr. vs Union of India - Supreme Court Important Judgment 2016 - 

 

On 30th March, 2016, in the case of Savelife Foundation & Anr. vs Union of India & Anr. [Writ Petition (C) No. 235 of 2012], the Supreme Court examined a petition under Article 32 of the Constitution for development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render help to victims of road accidents. Referring to the guidelines and standard operating procedure issued by the Central Government, Ministry of Road Transport and Highways for protection and examination of good Samaritans vide Notifications dated 12-5-2015 and 21-01-2016, the Bench ordered that the guidelines as modified by it “be complied with by the Union Territories and all the functionaries of the State Governments as law laid down by this Court under Article 32 read with Article 142 of the Constitution of India and the same be treated as binding as per the mandate of Article 141.” The Bench directed that the “Court should not normally insist on appearance of Good Samaritans as that causes delay, expenses and inconvenience.” However, it was clarified that “guidelines in relation to protection of a Good Samaritan are without prejudice to the liability of the driver of a motor vehicle involved in a road accident as specified under section 134 of the Motor Vehicles Act, 1988.”

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