MATHEW ALEXANDER Vs. MOHAMMED SHAFI

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant herein is aggrieved by the quashing of the opinion formed as per final report in pursuant to the further investigation in Crime No.1/2015 registered at Chathannoor Police Station, by the High Court in its order dtd. 31/3/2022.

(3.) Briefly stated the facts are that an FIR bearing No.01/2015 was registered by the complainant against the Appellant's son before the Chathannoor Police Station invoking Ss. 279 and 304A of the IPC. The FIR stated that on 1/1/2015, at around 2.15 am, Appellant's son, Nixon Abey Matthew, aged 20 years, was driving a Maruti Alto car bearing No. KL 2 AC 1370 through the Kollam-Thiruvananthapuram National Highway from East to West direction on the left side of the road, along with his friends. When the car reached Seemati, Chathannoor, a gas tanker lorry bearing registration No. KL 39 C 4577, driven by Ramar in an utmost rash and negligent manner, hit the Maruti Alto car and in the said accident, Appellant's son and five others travelling in the car died. Claim petitions have been filed by Respondent No.1 herein and other legal representatives of the deceased passengers in the car before the Motor Accident Claims Tribunal, Kollam seeking compensation for the death of their kin on whom they were dependent. Respondent No.1 herein also has filed a claim petition in which the deceased son of the Appellant was named as Respondent No.4 and the driver of the tanker lorry, Ramar, is named as Respondent No.2. The said claim petition is also pending.