ORDER :

What is the nature of security contemplated under Rule 391A of the Kerala Motor Vehicle Rules, 1989, (for short ‘the Rules’) for releasing a vehicle involved in an accident if it was not covered by a valid policy of insurance against third party risks at the time of the accident? The above issue arises for determination in these two cases.

2. Rule 391A of the Rules was incorporated into the statute book w.e.f 03-12-2018. The said rule reads as follows:

“391A. Prohibition against release of motor vehicle involved in accident.-(1) No Court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks taken in the name of owner or when the owner fails to furnish copy of such insurance policy despite demand by investigating police officer, unless and until the owner furnishes sufficient security to the satisfaction of the Court to pay compensation that may be awarded in a claim case arising out of such accident.

(2) Where the motor vehicle is not covered by a policy of insurance against third party risks, or when the owner of the motor vehicle fai