The High Court of Kerala passed a judgment on 10 February 2023,stating that when a third party suffers injuries in an accident, he should not be made to run from pillar to post while recovering compensation, if ultimately, motor accident claims tribunal allows compensation. It was stated in the case of Binesh E S vs State Of Kerala (CRL.MC 1175 OF 2023)which was passed by the single judge bench comprising of Justice Bechu Kurian Thomas
FACTS OF THE CASE:
Petitioner’s vehicle was involved in an accident, causing injuries to the defacto complainant. The offences under Section 279 and 337 of the Indian Penal Code, 1860, apart from Sections 134(A) and 134(B) of the Motor Vehicles Act, 1988 were alleged against the petitioner. Petitioner’s vehicle was taken into custody and was produced before the learned Magistrate. Thereafter a petition was filed seeking release of the vehicle as. By an order, the said application was allowed imposing seven conditions. Condition No.5 was that the petitioner and the sureties shall produce the original title deed for verification. Thereafter, an application was filed seeking modification of the said condition. While deleting the condition directing the petitioner to produce the original title deed forthwith, the learned Magistrate went one step further and imposed an additional condition directing the petitioner to furnish security or Bank Guarantee for Rs.3,50,000/-.
JUDGEMENT OF THE CASE
When a third party suffers injuries in an accident, he should not be made to run from pillar to post while recovering compensation, if ultimately, Motor Accident Claims Tribunal allows compensation. This salutary purpose ought to be born in mind by every Magistrate while dealing with an application for release of vehicles involved in an accident. the learned Magistrate in the impugned order acted in consonance with the statutory prescription with no reason to interfere with the said order, in a petition filed under Section 482 Cr.P.C. Accordingly, the court found no merit and this petition was dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
