VIJAYKUMAR C MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. Counsel Mr. Pankaj Kapadia for the petitioner.

(2.) Rule. Service of Rule is waived by ld. APP Mr. AY Kogje for respondents. Rule is fixed forthwith.

(3.) (i) Today, ld. Counsel Mr. Kapadia has produced zerox copy of the driving licence of the driver Mansingh issued by the licensing authority at Bikaner which was valid on the date of accident referred to in the petition. That driver of the vehicle involved in the accident was arrested and was enlarged on bail on his furnishing cash surety of Rs.5,000/. Thereafter, he has escaped and is not attending the Court since long. The surety amount at present is lying with the Court which was deposited under Receipt No. RR-256590 issued on 23.06.2003. So, at the most, that amount can be confiscated to the State. It is, therefore, submitted by ld. Counsel Mr. Kapadia that there is no likelihood of termination of the trial of criminal case registered against the driver Mansingh because the driver is not appearing before the Court. (ii) The vehicle on the date of accident, was insured. So, the interest of the owner of the vehicle i.e. petitioner remained protected so far as the accident referred to in the petition is concerned. So, in the event of any third party claim on behalf of deceased, interest of the heirs and legal representatives of the deceased can be taken care of by the Insurance Company.