SUJATA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition pro bono publico has been filed by Smt. Sujata Deb (Gupta), a practicing lawyer, having persuaded by the glaring inaction of the Officer-in-charges of various police stations spread over the State of Tripura as regards forwarding of the report under Section 158(6) of the M.V. Act, 1988 to the respective claims Tribunal having jurisdiction and to the concerned insurer and the owner within 30(thirty) days of receiving the information relating to any road traffic accident involving death or bodily injury to any person, with definite reference to the direction of the Apex Court as rendered in General Insurance Council & Ors. Vs. State of Andhra Pradesh & Ors., reported in (2007) 12 SCC 354 and Jay Prakash Vrs. National Insurance Company Limited & Ors., reported in (2010) 2 SCC 607 wherein specific directions were given to the Chief Secretaries and the Director Generals of Police of all the States and the Registrar Generals of all High Courts for compliance of the provision of Section 158(6) of the M.V. Act, 1988.

(2.) The petitioner further submitted that the purpose of such direction was to ensure that all accident victims get compensation as envisaged in the M. V. Act. In para-6 of the petition it has been asserted that the petitioner has some sad experiences as confronted by the unfortunate accident victims:

(3.) In response to this allegation of non compliance, the State respondents filed the reply stating that as per order dated 7.3.2012 as passed by this Court a letter from the office of the Director General of police, Tripura was issued on 07.03.2012 to all the Superinten-dents of police of all the districts of the State to furnish the compliance report in terms of the provision under Section 158(6) of the M.V. Act, 1988. All the Superintendent of Police sent their reply regarding the status of the compliance. In Para-8 of the reply the respondent No. 2 stated that: