People would be wise enough to remove the sun films before they file any insurance claim. In case of car theft that will not be an issue.
In India very few of the insurance companies inspect the car before issuing insurance, in case if it is not lapsed.
For your information Insurance companies, especially private companies usually have special investigation teams, They even use their info to fight pretty good these days at courts in compensation cases. Its not like the old days anymore, where companies lost and claims were awarded just like that. If a car involved in an accident had dark tints at the time of the accident, They'll just take a few snaps of the car and use it at court and insurance company will not need to pay a dime towards compensation. It all comes out of the pockets of the registered owner and driver.
Then to all against the sun film ban and cant figure why it is so, Please take 15 minutes of your life and go through the Supreme Court judgement. It was posted here in the forum many times before and still people are asking noob questions about the judgement.
Posting the judgement one more time.
Avishek Goenka Vs. Union of India & Anr.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
S.H. Kapadia, CJI, A.K. Patnaik and Swatanter Kumar, JJ.
April 27, 2012
WRIT PETITION (CIVIL ) NO . 265 OF 2011
Head Note:-
Motor Vehicles Rules, 1989 - Rule 100 - Visual Light Transmission (VLT) - Use of black films on windows / windshields of four-wheeled vehicles - Court prohibited the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country.
J U D G M E N T
Swatanter Kumar , J .
1. Alarming rise in heinous crimes like kidnapping, sexual assault on women and dacoity have impinged upon the right to life and the right to live in a safe environment which are within the contours of Article 21 of the Constitution of India. One of the contributory factors to such increase is use of black films on windows/windshields of four-wheeled vehicles. The petitioner, as a public spirited person, has invoked the extraordinary jurisdiction of this Court under Article 32 of the Constitution in the present public interest litigation, praying for certain directions to stop this menace. According to the petitioner, this Court should issue a writ or direction requiring use of such safety glasses on the windows/windshields in vehicles having 100 per cent Visual Light Transmission (for short ‘VLT’) only and, to that extent, the petitioner challenges the correctness of Rule 100 of the Motor Vehicles Rules, 1989 (for short “the Rules”). He also prays for prohibition on use of black films on the glasses of the vehicles, proper implementation of law in that behalf and finally, for taking stringent actions against the offenders, using vehicles with black filmed glasses. He also prays that a larger police force should be deputed to monitor such offences.
2. The use of black films upon the vehicles gives immunity to the violators in committing a crime and is used as a tool of criminality, considerably increasing criminal activities. At times, heinous crimes like dacoity, rape, murder and even terrorist acts are committed in or with the aid of vehicles having black films pasted on the side windows and on the screens of the vehicles. It is stated that because of nonobservance of the norms, regulations and guidelines relating to the specifications for the front and rear windscreens and the side windows of the vehicles, the offenders can move undetected in such vehicles and commit crimes without hesitation.
3. The word ‘tinted’ means shade or hue as per the dictionary. The rear and front and side glasses of vehicles are provided with such shade or tint, and therefore, they are widely referred to as ‘tinted glasses’, which is different from ‘black films’. The glasses of the vehicles having a coating of black films cannot be termed as ‘tinted glasses’ because they are not manufactured as such.
4. Besides aiding in commission of crimes,
black films on the vehicles are also at times positively correlated with motor accidents on the roads. It is for the reason that the comparative visibility to that through normal/tinted glasses which are manufactured as such is much lesser and the persons driving at high speed, especially on highways, meet with accidents because of use of black filmed glasses.
5. The use of black films also prevents the traffic police from seeing the activity in the car and communicating with the driver of the vehicle. The petitioner also cites that
the number of fatal accidents of vehicles having black films is much higher in India than in other parts of the world. The black filmed vehicles have lower visibility and therefore, the chances of accident are increased by 18 per cent to 38 per cent due to low visibility. He has also referred to the World Health Organization’s data, pertaining to deaths caused on roads, which, in India have crossed that of China, though the latter has more vehicles, population and area in comparison to India. A device called luxometer can measure the level of opaqueness in windows owing to the application of black films but this device is a scarce resource and is very scantily available with the police personnel in India.
6. The Court can take a judicial notice of the fact that even as per the reports, maximum crimes are committed in such vehicles and there has been a definite rise in the commission of heinous crimes, posing a threat to security of individuals and the State, both.
7. Whatever are the rights of an individual, they are regulated and controlled by the statutory provisions of the Act and the Rules framed thereunder. The citizens at large have a right to life i.e. to live with dignity, freedom and safety. This right emerges from Article 21 of the Constitution of India. As opposed to this constitutional mandate, a trivial individual protection or inconvenience, if any, must yield in favour of the larger public interest.
8. The petitioner claims to have received various replies from the police department of different States like Tamil Nadu, West Bengal, Delhi and Ministry of Home Affairs, New Delhi. On the basis of the replies received under the provisions of the Right to Information Act, 2005, copies of which have been annexed to the writ petition, it is averred that these authorities are of the unanimous opinion that black films should be banned. Black filmed glasses help in commission of crime as well as hiding the criminals even during vehicle checks at ‘Naka’ points. Non-availability of electronic devices to measure violations and lack of police force to enforce the Rules are also apparent from these replies. The petitioner also states that the use of black films is not prevalent in developed and/or developing countries all over the world. In fact, in some of the countries, it is specifically banned. In Afghanistan, Belarus, Nigeria, Uganda and even in Pakistan, use of black films on the vehicle glasses is banned. Use of black films is not prevalent in United States of America, United Kingdom, Germany and other countries as well.
9. In order to examine the merits of the prayers made by the petitioner in the present application, it will be necessary for us to refer to the relevant laws.
10. The Motor Vehicle Act, 1939 was enacted to consolidate and amend the laws relating to motor vehicles. This Act was subjected to various amendments. Finally, the Motor Vehicles Act, 1988 (for short ‘the Act’) was enacted, inter alia, with the object and reason being, to provide for quality standards for pollution control devices, provisions for issuing fitness certificate of the vehicle and effective ways of tracking down traffic offenders. Section 190 of the Act provides that any person who drives or causes or allows to be driven in any public place a motor vehicle or a trailer which has any defect, or violates the standards prescribed in relation to road safety, or violates the provisions of the Act or the Rules made therein, is punishable as per the provisions of the Act. In other words, alteration to the conditions of the vehicle in a manner contravening the Act is not permissible in law. Section 52 of the Act declares that no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer. However, certain changes are permissible in terms of the proviso to this Section and that too with the approval of the Central Government/competent authority. In terms of Section 53 of the Act, if any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of the Act or the Rules made thereunder, whether due to alteration of vehicle violative of Section 52 of the Act or otherwise, the Authority may, after giving opportunity of hearing, suspend the registration certificate for the period required for rectification of such defect, and if the defect is still not removed, for cancellation of registration. In exercise of its power, under various provisions of the Act, the Central Government has framed the Rules. Chapter V of the Rules deals with construction, equipment and maintenance of motor vehicles. Rule 92 mandates that no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of this Chapter. There are different Rules which deals with various aspects of construction and maintenance of vehicles including lights, brakes, gears and other aspects including overall dimensions of the vehicles. Rule 100 of the Rules concerns itself with the glass of windscreen and VLT of light of such glass windscreen. It specifically provides for fixation of glasses made of laminated safety glass conforming to Indian standards IS: 2553-Part 2 – 1992 and even for the kind of windscreen wipers required to be fixed on the front screen of the vehicle. Relevant part of Rule 100, with which we are concerned, reads as under:-
“100. Safety glass.—(1) The glass of windscreens and the windows of every motor vehicle 188[other than agricultural tractors] shall be of safety glass:
Provided that in the case of three-wheelers and vehicles with hood and side covers, the windows may be of 189[acrylic or plastic transparent sheet.]
Explanation.—For the purpose of this rule,— (i) "safety glass" means glass conforming to the specifications of the Bureau of Indian Standards or any International Standards and so manufactured or treated that if fractured, it does not fly or break into fragments capable of causing severe cuts;
(ii) any windscreen or window at the front of the vehicle, the inner surface of which is at an angle more than thirty degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.
[(2) The glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards [IS: 2553— Part 2—1992];
(3) The glass of the front windscreen of every motor vehicle [other than two wheelers and agricultural tractors] manufactured after three years from the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993 shall be made of laminated safety glass:
Provided that on and from three months after the commencement of the Central Motor Vehicles (Amendment) Rules, 1999, the glass of the front windscreen of every motor vehicle other than twoPage9wheelers and agricultural tractors shall be made of laminated safety glass conforming to the Indian Standards IS: 2553—Part 2—1992.
Explanation.—For the purpose of these sub-rules "laminated safety glass" shall mean two or more pieces of glass held together by an intervening layer or layers of plastic materials. The laminated safety glass will crack and break under sufficient impact, but the pieces of the glass tend to adhere to the plastic material and do not fly, and if a hole is produced, the edges would be less jagged than they would be in the case of an ordinary glass.”