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Case Law Details

Case Name : Subas Muduli Vs State of Chhattisgarh (Chhattisgarh High Court)
Appeal Number : Writ Petition (PIL) No.32 of 2015
Date of Judgement/Order : 13/06/2016
Related Assessment Year :
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1. “Wings to Fly ‘You were born with potential. You were born with goodness and trust. You were born with ideas and dreams. You were born with greatness. You were born with wings. You are not meant for crawling, so don’t, you have wings. Learn to use them, to fly.”

2. These lines from the book “Wings to Fly” authored by Shri A.P.J. Abdul Kalam, former President of India, are aptly applicable to the facts of this case.

3. The wheels of justice were set in motion on account of a letter written by an unfortunate father who lost his young son aged about 4 years in a highly avoidable accident. This young boy was crushed under the wheels of a bus which was supposed to take him to his school where he was expected to learn and earn his wings to fly. Unfortunately, because of this accident, instead of flying, this young cherubic boy met an untimely end. The unfortunate father wrote a letter to the Chief Justice of this Court not claiming any compensation or any relief personal to him, but only praying that the Court may take action to ensure that such unfortunate accidents are avoided in the future.

4. Notice was issued by this Court on 3.8.2015 asking the State to file its reply as to what action it proposes to take. We place on record our appreciation for the positive attitude of the State. It did not treat the litigation as an adversary, but showed its sensitivity to the delicate matter in issue. The State has responded by amending the Motor Vehicles Rules, 1994. Rules 76 B and 76 C of the Chhattisgarh Motor Vehicles Rules, 1994 have been incorporated by the amendment and read as follows:

“76-B. Conditions for school bus permit.– Subject to the provision of sub-section (2) of Section 74 the following conditions shall be attached to every school bus Permit, namely :-

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