A division bench headed by justice AM Khanwilkar was hearing the PIL filed Nikhil Wagle, seeking enhancement of the punishment that was awarded under section 304 A of the Indian Penal Code for causing death by rash and negligent driving, and an increase in compensation awarded under the provisions of the Motor Vehicle Act.
Wagle had filed the PIL soon after the accident.
While hearing the PIL, the high court had on October 7, 2002 directed Salman to deposit Rs17 lakh as interim compensation for the four injured victims and the family of the deceased victim. The court had then also directed the Union and state government to file affidavits.
Wagle's lawyer Subhada Khot informed the court on Wednesday that the compensation amount has not been disbursed to the victims and the government has not filed affidavits either.
The court has now issued a notice to the additional solicitor general to appear before the court and directed the Union and state governments to file their affidavits by October 8.
On September 29, 2002, an inebriated Khan had run over five persons sleeping on a Bandra pavement with his Toyota Land Cruiser.
He was arrested the next day and booked under sections 304 A, 337 and 338 of the IPC. He was released on bail of Rs.950 immediately at the Bandra police station. The trial against him is pending before a magistrate's court.