Section 135: Schemes to be framed for the investigation of accident cases and wayside amenities, etc

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 135

Section 135 of the Motor Vehicles Act, 1988 empowers Central and State Governments to formulate statutory schemes for in-depth accident investigations, scientific cause analysis, wayside trauma amenities, highway traffic aid posts, and dedicated truck parking complexes.

  • Statutory In-Depth Accident Cause Analysis: Authorizes Central and State Governments to frame schemes for scientific, in-depth investigation and multi-disciplinary root cause analysis of road traffic crashes to eradicate engineered road hazards.
  • Wayside Amenities & Traffic Aid Posts: Empowers the formulation of schemes to construct and maintain roadside amenities, medical emergency trauma posts, and ambulance corridors along national and state highways.
  • Dedicated Truck Parking Terminals: Specifically mandates schemes for the establishment of designated truck parking complexes along highway corridors to prevent trucker fatigue and eliminate dangerous carriageway parking.
Key Landmark Precedents:
  • S. Rajaseekaran v. Union of India (2014) 6 SCC 36 & (2018) 13 SCC 516: The Supreme Court monitored the implementation of Section 135 through continuous mandamus, appointing the Supreme Court Committee on Road Safety (headed by Justice K.S. Radhakrishnan) and directing Central and State Governments to establish highway trauma care networks and identify and rectify accident black spots.
  • Common Cause v. Union of India (2018) 10 SCC 1: The Supreme Court held that road safety schemes framed under Section 135 are directly linked to the fundamental right to life under Article 21; failure by State authorities to implement highway trauma schemes amounts to administrative breach of constitutional duties.
Courtroom Practice & Strategic Litigation Guidance:

In high-fatality highway accident litigation, cite Section 135 r/w S. Rajaseekaran to substantiate tort claims against road building agencies (NHAI/PWD). Where an accident occurred at a known 'black spot' that lacked statutory signage or traffic aid posts despite Section 135 mandates, plead state tortious negligence for failure to rectify engineered road defects.