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

JUDGMENT :

Heard Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner and Mr. Prabhu Dayal Agrawal, learned Spl.P.P. for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This petition has been filed for quashing of the order dated 13.09.2021 passed in Misc. Criminal Application No. 659 of 2021 arising out of T. Tanger P.S. Case No. 55 of 2019, by the learned Judicial Magistrate, 1st Class, Simdega, whereby the release of a tractor bearing Registration No. JH-07-H-9933 has been rejected.

4. On the fardbeyan of the informant, the case was instituted stating therein that at about 7.00 A.M. her son was working as a labourer in a tractor and had gone in the morning in the tractor on 22.11.2019 for bringing some morom soil from Hararra More Ghatari (Konmenjra) and in course of that the tractor bearing Registration No. JH-07-H-9933 was met with an accident due to the rash and negligence driving of the driver, due to which her son has fallen down from the tractor and sustained grievous injuries and then he was rushed to the hospital where he died. Subsequently after due consideration the FIR, being T. Tanger P.S. Case No. 55 of 2019 has been registered on 23.11.2019.

5. Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner submits that the petitioner is the owner of the tractor, bearing Registration No. JH-07-H-9933. He further submits that the tractor was driven by one Sahwan Ansari, having the valid license, however the case has been instituted and chargesheet has been submitted. He further submits that during the pendency of the case, the petitioner filed a petition for release of the tractor, bearing Registration No. JH-07-H-9933, but the same was rejected. 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. 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. Prabhu Dayal Agrawal, learned Spl.P.P. for the State opposes the prayer of learned counsel for the petitioner and submits that there is no illegality in the impugned order as the impugned 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