A writ petition filed under Article 226 of the Constitution of India praying for a direction to following the motor vehicle accident investigation procedure and issue circulars. The court disposed of the petition on the merits.
The writ petition was disposed of as nothing survived; the petitioner was directed to provide reports if any were missing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 4857 OF 2023
PETITIONERS:
1ANU P P.,
AGED 41 YEARS
W/O. SHIBU, NARAYANA MANDIRAM, C.C.12/395,
SANTOGOPALAN ROAD, RAMESWARAM, ERNAKULAM CITY,
KOCHI, PIN – 682 005.
2YAMIMA,
AGED 12 YEARS
D/O. ANU, NARAYANA MANDIRAM, C.C.12/395, SANTOGOPALAN
ROAD, RAMESWARAM, ERNAKULAM CITY KOCHI- 682 005
MINOR REP. BY HER MOTHER AND NATURAL GUARDIAN ANU.P.P
AGED 41, W/O. SHIBU, NARAYANA, NARAYANA MANDIRAM,
C.C.12/395 SANTOGOPALAN ROAD, RAMESWARAM,
ERNAKULAM CITY, KOCHI, PIN – 682 005.
3NAMIMA,
AGED 9 YEARS
D/O. ANU, NARAYANA MANDIRAM, C.C.12/395, SANTHO GOPALAN
ROAD, RAMESWARAM, ERNAKULAM CITY KOCHI- 682 005
MINOR REP. BY HER MOTHER AND NATURAL GUARDIAN ANU.P.P,
AGED 41, W/O. SHIBU, NARAYANA, NARAYANA MANDIRAM,
C.C.12/395,SANTOGOPALAN ROAD, RAMESWARAM,
ERNAKULAM CITY KOCHI, PIN – 682 005.
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
RESPONDENTS:
1STATE OF KERALA,
HOME DEPARTMENT, OFFICE OF THE SECRETARIAT,
THIRUVANANTHAPURAM-695 001
REPRESENTED BY ITS SECRETARY.
2DIRECTOR GENERAL OF POLICE,
OFFICE OF DIRECTOR GENERAL OF POLICE,
VELLAYAMBALAM - VAZHUTHACAUD RD, ALTHARA JUNCTION,
NANDAVANAM, THIRUVANANTHAPURAM, PIN – 695 010.
WP(C) NO. 4857 OF 2023
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3 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, ERNAKULAM, PIN – 682 011.4 THE STATION HOUSE OFFICER, MATTANCHERY POLICE STATION, MATTANCHERY PO, KOCHI, PIN – 682 002.OTHER PRESENT:
S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4857 OF 2023
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DINESH KUMAR SINGH, J.
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WP(C) NO. 4857 OF 2023
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Dated this the 19th day of October, 2023
J U D G M E N T
under the Article 226 of the Constitution of India,
seeking the following prayers.
WP(C) NO. 4857 OF 2023
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procedure for investigation in to the motor vehicle accident cases, as incorporated in Rule 150(A) & Annexure XIII of the Central Motor Vehicles Rules, 1989.
5
WP(C) NO. 4857 OF 2023
No.1 has been uploaded on 19.01.2023. The remaining process with regard to the uploading of other forms such as Interim Accident Report (IAR) and Detailed Accident Report (DAR) were in progress.
WP(C) NO. 4857 OF 2023
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can provide the reports to the Motor Accident Claims Tribunal which has been served to him.
disposed of.
Sd/-
DINESH KUMAR SINGH JUDGE
rpr
WP(C) NO. 4857 OF 2023
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APPENDIX OF WP(C) 4857/2023
PETITIONER’s EXHIBITS
Exhibit P1A TRUE COPY OF THE FIR NO 0072/2023 DATED
16.1.2023
1 issue framed by the court
Whether the respondent police authorities should be directed to follow Rule 150(A) and Annexure XIII of the Central Motor Vehicles Rules, 1989 regarding motor vehicle accident investigation.
2 provisions across 2 enactments
ANU P P. and others
STATE OF KERALA
DIRECTOR GENERAL OF POLICE
DISTRICT POLICE CHIEF, ERNAKULAM
STATION HOUSE OFFICER, MATTANCHERY POLICE STATION
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court