Akhilesh Kori vs State Of Chhattisgarh

This  Petition  has  been  filed  challenging  the  order  dated 22.06.2022 passed by the Additional Sessions Judge, Gharghoda, Raigarh, District Raigarh in Criminal Revision No.16/2022 upholding the order dated 31.03.2022 passed by the JMFC, Gharghoda, District Raigarh in Criminal Case No.152/2022 whereby, for releasing the vehicle bearing registration No.CG-13 AJ 4845, conditions of furnishing bank security or cash to the tune of Rs.4 lacs were imposed as the vehicle is not insured on the date of accident.

Shri Shukla, learned Counsel for the Petitioner submits that it is not disputed that the vehicle was not insured on the date of accident but the condition of depositing of Bank security or cash is onerous and the Petitioner is not financially capable to fulfill the said condition and therefore, prays that the said condition may be relaxed and a direction may be given to the Petitioner to furnish competent security.

Heard learned Counsel for the Petitioner and perused the impugned order.

Rule 240-A of the Chhattisgarh Motor Vehicles Rules, 1994 was inserted with a laudable object 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 as per condition mentioned in sub-rule (1) and the owner of the vehicle is not able to furnish the sufficient security for payment of compensation, then the vehicle can be auctioned and proceedings will go to the concerned claims tribunal for payment towards compensation. The object of the amended Rule is to secure the interest of the victim and for the sake of brevity, the relevant Rule reads as under:-

“240-A. Prohibition on release of motor vehicle causing accident.- (1) No court shall release a motor vehicle causing an accident resulting in death or bodily injury or damage to property, if such vehicle is not covered by a policy of insurance against third party risks or if 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 is likely to 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 a copy of such policy as per the  condition mentioned in sub-rule (1), the motor vehicle shall be sold off in a public auction by the magistrate having jurisdiction over the area where the 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 the purpose of paying the amount of compensation that may have been awarded, or may be awarded in a claim case arising out of such accident.

(3) The Claims Tribunal shall return the balance amount from the amount obtained by the public auction of the vehicle as per sub-rule (2) after paying the compensation finally decided in the claims  case  and  after  deducting  the amount due to the transport department on account of the said vehicle, to the registered vehicle owner, but no interest shall be payable to the registered vehicle owner on said amount. The amount due  to the transport department shall be sent to the transport department by the Claims Tribunal.”

Reverting back to the facts of the present case, it is not disputed that on the date of accident, the vehicle was not insured and offence under Sections 279, 337 and 304(A) IPC was registered against the driver of the said vehicle for causing death of Narendra Sidar and also causing injury to Manmohan Sidar. As the Rule enables the concerned Court, while releasing of motor vehicle causing accident, to demand sufficient security to the satisfaction of the Court to pay compensation that is likely to be awarded in a claim case arising out of such accident and further taking into consideration the view taken by the co-ordinate Bench in the matter of Lukesh patil vs. State of Chhattisgarh decided on 04.08.2021 in Cr.M.P 763 of 2021 CGHC regarding the condition precedent for release of the vehicle which is strictly in accordance with law, this Court is of the opinion that the order impugned is well merited and does not call for any interference.

Accordingly, the instant Petition is bereft of any merits and is hereby dismissed at motion stage itself.