Petitioner sought release of seized vehicle involved in accident. Court noted vehicle release under insurance rules depends on security. Order remitted matter to S.D.J.M. for consideration upon offer of sufficient security.
petition disposed of by remitting matter to S.D.J.M., Gunupur, for consideration of security offer and decision on release of vehicle.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 875 of 2021
Nabin Sabar
…. Petitioner
Mr. G.K. Mohanty, Advocate
-Versus -
State of Odisha
…. Opposite Party
Mr. P.K. Maharaj,
Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
02.11.2021
Order No.
04.
Page 1 of 1
Gunupur. In course of investigation, the said vehicle was seized by the investigating agency. The petitioner filed an application under Section 457 Cr.P.C. before the learned S.D.J.M., Gunupur for release of the said vehicle, but vide order dated 22.02.2021, the same was rejected. Against such rejection, the petitioner preferred Revision before the learned Addl. District and Sessions Judge, Gunupur.
6. Prohibition against release of motor vehicle involved in acciden t:— (1) No court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks taken in the name of registered owner or when the registered owner fails to furnish copy of such insurance policy despite demand by investigating officer, unless and until the registered owner furnishes sufficient security to the satisfaction of the court to pay compensation that may be awarded in a claim case arising out of such accident.
(2) Where the motor vehicle is not covered by a policy of insurance against third party risks, or when registered owner of the motor vehicle fails to furnish copy of such policy in circumstance mentioned in sub-rule(1), the motor vehicle shall be sold off in public auction by the magistrate having jurisdiction over the area where accident occurred, on expiry of three months of the vehicle being taken in possession by the investigating officer, and proceeds thereof shall be deposited with the Claims Tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may have been awarded, or may be awarded in a claim case arising out of such accident.
Page 2 of 2
Issue urgent certified copy as per rules.
( Sashikanta Mishra) Judge
A.K. Rana
Page 3 of 3
1 provisions across 1 enactments
Nabin Sabar
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
