KANAI LAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Das, learned counsel appearing for the petitioner. Also heard Mr. J. Handique, learned Government Advocate, Assam for the respondents. The petitioner who is an employee in a private firm met with an accident on 13.7.2008 while he was travelling along with his wife and child in his motor bike bearing registration No. AS-01-Q-4857. According to the petitioner, his motor bike was knocked down by a speeding Maruti Car coming from the Lokhra side bearing registration No. AS-11-B/4719. He suffered serious injuries for which he had to be hospitalised. Because of his hospitalization, there was delay in lodging the FIR which he did on 8.8.2008 before the Gorchuk police station. The Gorchuk police station registered a case being Gorchuk P.S. Case No. 68 of 2008. Aggrieved by the tardy progress of investigation, the petitioner filed a complaint case in the Court of the Chief Judicial Magistrate, Kamrup at Guwahati, which was registered as Complaint Case No. 98 of 2009. In the proceeding of the said case, the traffic in-charge of Gorchuk police station submitted a report dated 16.3.2010. In that report it was stated that one Sri Bijan Goswami is the owner of the offending vehicle bearing registration No. AS-11-B/4719. According to the petitioner, because of the delay of the Gorchuk police station in issuing Form No. 54 under the Central Motor Vehicles Rules, 1989, he could not submit any claim petition before the Motor Accident Claims Tribunal, Guwahati. After more than 2(two) years, the said Form No. 54 was handed over to him on 20.3.2010 by the traffic in-charge of Gorchuk police station. In the said Form No. 54, the name of the owner, registration number and other particulars of the offending vehicle were not disclosed. Instated, the name of the petitioner and the particulars of his motor bike have been incorporated. The petitioner has, therefore, approached this Court seeking a direction to the Gorchuk police station to issue fresh Form No. 54 incorporating therein the name of the owner and the particulars of the offending vehicle.

(2.) The heading of Section 158 of the Motor Vehicles Act, 1988 (briefly "the Act" hereafter) is production of certain certificates, licence and permit in certain cases. As per sub-section (6) of Section 158, as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under the said section is completed by the police officer, the officer in-charge of the police station shall forward a copy of the same within thirty days from the date of recording of the information or as the case may be, on completion of such report to the claims Tribunal having jurisdiction and a copy thereof should also be sent to the concerned insurer. The said sub-section further provides that where a copy is made available to the owner, he shall also within 30 days of receipt of such report, forward the same to the claims tribunal and insurer. Section 160 of the Act enjoins a duty on the registering authority or the officer-in-charge of the concerned police station to furnish the particulars of the vehicle involved in the accident. For a better appreciation of the provisions of Section 160 of the Act, the same is quoted hereunder :

(3.) The Apex Court in the case of General Insurance Council and Others v. State of Andhra Pradesh and Others, 2007 12 SCC 354, after observing that the actual implementation of the aforesaid provisions of the Act and the Rules is very disheartening, held that it is mandatory on the part of the police officer under sub-section (6) of Section 158 to forward a copy of the report to the jurisdictional claims tribunal and to the Insurance Company concerned as soon as any information regarding any accident involving death or bodily injury is recorded or a report under Section 158 is completed by the police officer. Observing that the non-compliance of the provisions of Section 158(6) of the Act is one of the reasons for the long pendency of claim petitions before the claims tribunal, the Apex Court explained the expression "as soon as" meaning as soon as practicable that is the report has to be forwarded with promptitude. Holding that the requirement as envisaged under Section 158(6) is a mandatory requirement, the Apex Court observed that the non-compliance of the same cannot be justified. The Apex Court, therefore, directed all the State Governments and the Union Territories to instruct all the concerned police officers about the need to comply with the provisions of Section 158(6) of the Act keeping in view the requirement indicated in Rule 150 and in Form 54. The Apex Court further directed that there should be periodical checking by the concerned Inspector General of Police to ensure compliance with the aforesaid mandatory requirements. In the event of any default, appropriate action against the erring officials was directed.