The central legal point established in the judgment is the interpretation and application of Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019 in allowing the release of a vehicle involved in an accident.

JUDGMENT :

1. Heard Mr. Farooque Ansari, learned counsel for the petitioner and Mr. Neil Abhijit Toppo, learned counsel for the State.

2. Petitioner has preferred this petition for quashing of order dated 04.01.2022 passed in Ranka P.S.Case No.302/2021 passed by learned J.M Garhwa whereby he has rejected the prayer of the petitioner for release of the vehicle being registration No.JH14G-8294 and to further quash the order dated 22.02.2022 passed in Cr.Revision No.06 of 2022 whereby claim of the petitioner for release of the auto rickshaw/Tempo bearing aforesaid registration number has been rejected.

3. Ranka P.S.Case No.302/2021 was instituted against the driver of the said auto rickshaw alleging therein that on 13.11.2021 her husband has gone to village Kerba Kutti, PS Ramkanda for Barchheya and on the same day after Barchheya he was returning house and when he reached to village Manpur due to rash and negligent driving of the Driver of the Tempo bearing aforesaid number her husband fell down on the road from the Tempo and crushed his whole body by the said vehicle resulting her husband died during treatment. On these backgrounds, the case was instituted.

4. Mr. Farooque Ansari, learned counsel for the petitioner submits that petitioner-owner filed an application for release of his vehicle before the learned trial court which was seized pursuant to accident and was lying in open field. He submits that the learned trial court vide order dated 4.1.2022 rejected the release application filed on behalf of the petitioner on the ground that no document in support of the insurance of the vehicle of the said date has been furnished by the petitioner. He submits that against the said order, the petitioner preferred Cr.Revison No.06of 2022 which was rejected vide order dated 22.2.2022.

5. Mr. Farooque Ansari, learned counsel for the petitioner submits that Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019 speaks that the vehicle can be released if 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. He submits that Rule 6 of the said Rule has not been considered properly by the trial court as well as by the revisional court. He submits that since the vehicle in question is commercial one and lying in open field, no purpose will serve in keeping the vehicle deteriorated.

6. Mr. Neil Abhijit Toppo, learned counsel for the State opposes the prayer of Mr. Farooque Ansari, learned counsel for the petitioner and submits that there is no illegality in the impugned order as the revisional order has rightly been passed.

7. For the correct appreciation of the case, Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019 is quoted here-in-below:

6.(1). No Court shall release a motor vehicle involved in an accident resulting in death of 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 registered owner or when the registered owner fails to furnish copy of such insurance policy despite demand by investigating police officer, unless and until the registered 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 registered owner of the motor vehicle fails to furnish copy of such policy in circumstances mentioned in sub-rule (1), the motor vehicle shall be sold off in public auction by the magistrate having jurisdiction over the area where accident occurred, on expiry of three months of the vehicle being taken in possession by the investigating police officer, and proceeds thereof shall be deposited with the Claims Tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may