With the Supreme Court dismissing the Society of Indian Automobile Manufacturers? plea on Wednesday, it has now mandatory on two-wheeler manufacturers to sell helmets alongwith bikes and scooters all over the country.
A Bench headed by Justice G S Singhvi dismissed as withdrawn the petition filed by Society of Indian Automobile Manufacturers (Siam) challenging the Delhi High Court verdict that asked all the two-wheeler dealers in the Capital to make sure that their customers purchased helmets with their new vehicles.
A September 16, 2005, amendment of Rule 138 of the Central Motor Vehicles Rules, 1989, made it compulsory for two-wheeler makers to supply a helmet manufactured as per specifications of the Bureau of Indian Standards with every two-wheeler sold.
Senior advocate PS Pathwaria and counsel Vipin Nair argued that the high court order would restrict the people?s choice to buy their own helmet and would force a person to buy a helmet again when he buys a new two-wheeler.
?It is also possible that in a particular case the purchaser may be buying a second vehicle and, therefore, may already have an helmet. In such circumstances, he would be obliged to buy a second helmet,? the petition stated.
However, SC was not convinced and said, ?Let there be more helmets. When you are buying a second scooter of Rs 40,000, then you can buy a helmet also, which is of Rs 300 only.? Stating that the HC made a serious error in directing that all purchasers of two wheelers should buy helmets only from the dealers, Siam said that it curtailed the freedom of the purchaser to purchase the helmet from the open market and third parties.