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2012 Supreme(Gau) 1214

IN THE HIGH COURT OF GAUHATI (AGARATALA BENCH)
Utpalendu Bikas Saha and Subhasis Talapatra, JJ.
Sujata Deb (Gupta)
Vs.
State of Tripura and Anr.
WP (C) (PIL) No. 02 of 2012
Decided On: 19.10.2012

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Party-in-Person
For Respondents/Defendant: Mr. D.P. Kundu, AG, Mr. N.C. Pal and Ms. R. Guha

Headnote:

Motor Vehicles Act,1988 - Section 158(6) – Accident - Claim of compensation - Petition pro bono public has been filed by a practicing lawyer having persuaded by glaring inaction of Officer-in-charges of various police stations spread over State of Tripura as regards forwarding of report - Petitioner sought a direction on all Officers-in-charge of police stations as represented by Director General of Police for forwarding the accident information report as provided in Section 158(6) of M.V. Act to respective accident Claims Tribunal having jurisdiction and copy thereof to insurer and owners concerned within a period of days from receipt of such information without fail - Held, It is required to give a reminder to tribunals that inquiry as contemplated under Section 168 does not require to conform to adversarial method of adjudication as provided in Code of Civil Procedure rather Tribunals are to follow summary procedure as the Tribunal are required to innovatively devise procedure having regard to provision of Section 169 of M.V. Act 1988 and further tribunals shall take active role in expeditious disposal of information/applications for compensation and shall make effective use of Section 165 of Evidence Act 1872 to determine just compensation - Petition allowed

JUDGMENT

Subhasis Talapatra, J.

1. This petition pro bono publico has been filed by Smt. Sujata Deb (Gupta), a practicing lawyer, having persuaded by the glaring inaction of the Officer-in-charges of various police stations spread over the State of Tripura as regards forwarding of the report under Section 158(6) of the M.V. Act, 1988 to the respective claims Tribunal having jurisdiction and to the concerned insurer and the owner within 30(thirty) days of receiving the information relating to any road traffic accident involving death or bodily injury to any person, with definite reference to the direction of the Apex Court as rendered in General Insurance Council & Ors. Vs. State of Andhra Pradesh & Ors., reported in (2007) 12 SCC 354 and Jay Prakash Vrs. National Insurance Company Limited & Ors., reported in (2010) 2 SCC 607 wherein specific directions were given to the Chief Secretaries and the Director Generals of Police of all the States and the Registrar Generals of all High Courts for compliance of the provision of Section 158(6) of the M.V. Act, 1988. The petitioner further submitted that the purpose of such direction was to ensure that all accident victims get compensation as envisaged in the M.V. Act. In para-6 of the petition it has been asserted that the petitioner has some sad experiences as confronted by the unfortunate accident victims:

In some cases after so many years the accidental victims or their family came to know that they can get compensation.

Had the respondents complied the statutory directions as contained in the Section 158(6) of the Motor Vehicles Act and the direction contained in General Insurance Council (supra) and Jay Prakash (supra) the distress and immense hardships persons of that category had suffered or have to suffer would not have confronted such sub-human trappings of life. The petitioner sought a direction on all the Officers-in-charge of the police stations as represented by the Director General of Police (the respondent No. 2) for forwarding the accident information report as provided in Section 158(6) of the M.V. Act to the respective accident Claims Tribunal having jurisdiction and the copy thereof to the insurer and the owners concerned within a period of 30 days from the receipt of such information without fail.

2. In response to this allegation of non compliance, the State respondents filed the reply stating that as per order dated 7.3.2012 as passed by this Court a letter from the office of the Director General of police, Tripura was issued on 07.03.2012 to all the Superintendents of police of all the districts of the State to furnish the compliance report in terms of the provision under Section 158(6) of the M.V. Act, 1988. All the Superintendent of Police sent their reply regarding the status of the compliance. In Para-8 of the reply the respondent No. 2 stated that:

8. *** Data have been obtained from the In-charge of every police station of 8 (eight) Districts through the concerned District Superintendent of Police (for short SsP) as to how may accidents took place within the jurisdiction of each police station since 01.01.2010 and among them, in how many cases, the officer-in-charge had forwarded the copy of the said information report to the tribunals and also issued the copy of the said report to the concerned insurer as well as the owner of the vehicle. On perusal of the reports, from District SsP, it is found that in most of the cases the concerned Officer-in-charge had forwarded the copy of the accident information report to the concerned tribunals and also issued the copy of the said report to concerned insurer as well the owner of the vehicle. In some cases, where after verification it is found that the case is not true or the offending vehicle could not be identified, the officer-in-charge had not sent the report. The details of quantified data collected from each Officer-in-Charge of every police station of Tripura through District SsP are as follows:

9. The North Distric

























































































































































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