Law: Provincial Motor Vehicles Rules, 1969

Section: 35,199(3)

Law: Provincial Motor Vehicles Rules, 1969

Section: 35,199(3)

Law: Pakistan Penal Code, 1860

Section: 300,301

Law: Oil and Gas Regulatory Authority Ordinance, 2002

Section: 23(2)(b),(d)

(a) Provincial Motor Vehicles Rules, 1969--- ----Rr. 35 & 199(3)---Oil and Gas Regulatory Authority Ordinance (XVII of 2002), Ss.23(2)(b) & (d)---Mineral Industrial Gases Safety Rules, 2010, Rr. 80 & 143---Petroleum Rules, 1985, R. 21---Penal Code (XLV of 1860), Ss. 300 & 301---Constitution of Pakistan, Art.184(3)---Human rights case under Art. 184(3) of the Constitution---Action taken by the Supreme Court on a news clipping regarding incident of burning of a school van in which sixteen (16) children and one school teacher lost their lives, cause of incident being the spillage of petrol from the petrol cans kept on the floor of the vehicle which ignited a fire due to contact with hot engine surface, short circuiting of wiring and the fact that the driver was smoking---Fitness Certificate of the vehicle had expired---Criminal negligence---Culpable homicide---Grievous bodily harm---Use of unauthorised and unapproved Compressed Natural Gas (CNG) cylinders---Liability of concerned Motor Vehicle Examiner and Secretary, District Regional Transport Authority (DRTA) in regard to the present incident was apparent in terms of R.35 of Provincial Motor Vehicles Rules, 1969, which dealt with the issue and renewal of fitness certificate of vehicles---Motor Vehicle Examiner was responsible to inspect and ensure that Public Service Vehicles in particular were roadworthy; and as was apparent from said R.35, the Secretary, DRTA oversaw the functions of the Motor Vehicle Examiner---Secretary, DRTA was admittedly responsible for issuing route permits---Omissions by Motor Vehicle Examiner and Secretary, DRTA were numerous: Firstly, the petrol cans inside the van in question constituted a violation of R.199(3) of the Motor Vehicles Rules, 1969---Not only did the Motor Vehicle Examiner fail to take action, but violations of the Motor Vehicles Rules, 1969 with regard to present incident were not even in his notice; Secondly, the van involved in the incident had an expired fitness certificate and was utilising unauthorised and unapproved Compressed Natural Gas (CNG) cylinders; Thirdly, Secretary DRTA, admittedly neglected to visit, even once, the road (where the…

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