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K.C. Gopakumar

Kochi , Sept. 25

A FULL Bench of the Kerala High Court on Thursday dismissed two petitions seeking to review its earlier verdict asking the State Government to strictly enforce Section 129 of the Motor Vehicles Act which makes it mandatory for two-wheeler riders and pillion riders to wear helmets.

The petitions, filed by the Kerala Auto Two-Wheelers' Association and another association, were dismissed by the Bench comprising Mr Chief Justice J. L. Gupta, Mr Justice J.B. Koshy, and Mr Justice A.K. Basheer. The main contention of the petitioners was that while Section 129 prescribed wearing of helmet of BIS quality, Rule 347 of the Kerala Motor Vehicles Rules stipulated that it should be of ISI standard.

Dismissing the contention, the Judges said that in the event of conflict between the two laws, the Act enacted by the Parliament would prevail.

Besides, nothing had been pointed out to show that the standards prescribed by the BIS and ISI were different. The Bench also said that the effect of the Rules and the Act was that the driver and pillion rider were "under the obligation to wear a protective headgear''.

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