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2014 Supreme(Online)(KER) 12644

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
K R BIJU – Appellant
Versus
THE ADDITIONAL LICENSING AUTHORITY – Respondent


J U D G M E N T

The petitioner is a driver in the Kerala State Road Transport Corporation. The vehicle driven by him met with an accident on 06.06.2013 and an F.I.R was registered as Ext. P2 on 19.06.2013. The offences alleged were under Section 279 and 338 of the Indian Penal Code, 1860 . Subsequent to the same, an order was passed by the Additional Licensing Authority, Tripunithura evidenced by Ext.P5, under Section 19 (1) of the Motor Vehicles Act, 1988 , suspending the licence of the petitioner for a period of three months from 17.07.2013. The petitioner filed an appeal before the appellate authority being the Deputy Transport Commissioner, which was disposed of by Ext. P12. Exts. P5 and P12 are assailed herein.

2. The contention of the petitioner is that, in fact, the accident was caused due to the scooter slipping on the road and that the police had also filed a report evidenced by Ext. P7 which indicated that, the incident was merely accidental and neither the petitioner nor the scooter rider were responsible or negligent. The petitioner had also produced Ext. P7 while filing the appeal as indicated in Ext.P10.

3. The petitioner had, in fact, moved the Superintendent of Poli

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