CIC: Transport department to suo-motu provide information about motor vehicle accidents like registration, name of driver, his driving license number, salary paid to him etc. - CIC: it is the right of the people to know accident causing drivers & vehicles

Information with regard to a “Renault Duster” with DL 8CZ 4584 belonging to Ms Kinni Gandhi, allegedly Varun Gandhi’s family member which was driven with over speed and killed the appellant’s daughter - CIC: the transport department to suo-motu provide information about motor vehicle accidents containing entire record pertaining to registration of the motor vehicle, the bill of purchase of car, name of the driver, his driving license number, his appointment letter, salary paid to him by the owner within one week from the date of accident - CIC: it is the right of the people to know accident causing drivers and vehicles

Heard on 12.12.14. Complainant present. Respondent is represented by Shri Gopal Krishan

2. The appellant on 8.8.2013 sought 7 point information with regard to a “Renault Duster” car involved in an accident at Pachim Vihar Viz. the copy of vehicle insurance certificate issued by the insurance company; action taken report till today on the vehicle owner and the car driver; copy of the registration documents of the car etc. The CPIO on 14.8.2013 provided the information on point no 13 and for point no 46 information may be provided after approval of competent authority. The appellant filed a complaint before the Commission on 28.1.14 alleging no relevant information was furnished to him on point no 27 even after 5 months.

3. Appellant Rajendra Kumar Chauhan stated that a LMV Car Renault Duster RLX Four Cylinders, (Grey Color) with DL 8CZ 4584 belonging to Ms Kinni Gandhi, allegedly Varun Gandhi’s family member was driven with over speed and killed his daughter Yasha (28) at Agroha between Sisra and Delhi on 14th July 2013. He submitted that these rich and high powered personalities purchase high speed cars, spending lakhs of rupees but employ unskilled and untrained drivers for saving money on driver salary, because of which innocent people get killed on roads with their killing speed. He sought to know the details of registration of the car owned by Ms. Kinni Gandhi and details of driving licence granted to the driver along with documents based on which he was granted the licence to drive.

4. He submitted that the Motor Vehicle Act does not contain any provision to see that only well trained persons should be given the driving licenses. Among seven points the appellant raised, he was not furnished details about vehicle registration and licence given to the driver, though information about other points was provided. He approached the Commission through a complaint. He said that his daughter was a bright student, working as lecturer, whose marriage was fixed within one month. When she met with fatal accident she was pillion rider of the motor vehicle driven by would be husband. Appellant /complaint alleged that driver was running at around 200 km/hr when he hit the motor cycle from behind. The impact of the hit was so big that motor vehicle was totally mangled and front portion of new car was heavy damaged. While the bridegroom was thrown into agriculture field the bride was crushed between vehicle and the tree to which he dashed with serious impact.

5. The Commission finds this case as an accident engineered by unskilled drivers appointed by rich and powerful persons to reduce expenditure, resulting in irreparable loss to a family.

6. The Commission directs the CPIO of the respondent authority to transfer the part of RTI application pertaining to details of driving license to the Transport Authority, Palam.

7. The Commission directs the Transport Authority Palam to furnish the entire file of granting the license to driver within twenty days from the receipt of this order.

8. Exercising powers under Section 19(8)(a) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; the Commission require a. the transport department to comply with Section 4 to the extent that they have to create a new category of information about motor vehicle accidents containing entire record pertaining to registration of the motor vehicle, the bill of purchase of car, name of the driver, his driving license number, his appointment letter, salary paid to him by the owner within one week from the date of accident, which shall be furnished on their own to the victim’s family or injured person or representative of family of the deceased in accident, so that they need not resort to RTI to get the information they need to use in pursuance of their rights. b. In addition, the Commission requires the Transport Authority of Delhi to place and keep this information on its official website from one week. It is also in the public interest to inform the people in general whose vehicle and which driver caused accident, it is the right of the people to know accident causing drivers and vehicles.

9. The Commission ordered accordingly.

(M. Sridhar Acharyulu)

Information Commissioner

Citation: Rajendra Kumar Chauhan v. Transport Dept., GNCTD in Case No. CIC/SA/C/2014/000184