Kishan Chandra Bag Vs Chairman, Sta, Cuttack — Motor Accident Claims | Orissa HC (2024)

Kishan Chandra Bag Vs Chairman, Sta, Cuttack — Motor Accident Claims | Orissa HC (2024)

What the court decided

AI extract

Outcome

Conditional direction for transmission of the e-Challan/VCR (Annexure-1) to the jurisdictional Magistrate upon the petitioner depositing Rs.5,000/- (50% of the VCR amount) before the Chairman, STA, Cuttack, the deposit being subject to the result of the Magistrate's adjudication; and liberty to apply for fitness certificate and permit, to be considered in accordance with law.

Issue for consideration

Whether the e-Challan/VCR dated 22.03.2024 in respect of vehicle bearing Registration No.OD-15R-2537 (Goods Carrier) should be sent/transmitted to the jurisdictional Magistrate for adjudication, and on what conditions. +1 more

Court's answer

Without prejudice to the case of either party, in the event the petitioner deposits 50% of the VCR amount, i.e. Rs.5,000/- (Rupees five thousand only), before the Chairman, STA, Cuttack (Opposite Party), the e-Challan/VCR (Annexure-1) shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted.

Ratio / Principle

Any such deposit, if made as directed, is expressly made subject to the result of the adjudication to be made by the jurisdictional Magistrate.

Key takeaways

So far as issuance of fitness certificate and permit is concerned, the petitioner may apply to the Chairman, STA, Cuttack by filing the necessary application, and such application shall be considered in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — e-Challan/VCR dated 22.03.2024 (Annexure-1) for Goods Carrier bearing Registration No.OD-15R-2537 — writ petition praying for transmission of the e-Challan/VCR to the jurisdictional Magistrate and for issuance of fitness certificate and permit — Held: without prejudice to either party, on the petitioner depositing 50% of the VCR amount, i.e. Rs.5,000/- (Rupees five thousand only), before the Chairman, STA, Cuttack, the e-Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted; such deposit is subject to the result of the adjudication by the jurisdictional Magistrate; for fitness certificate and permit the petitioner may apply to the Chairman, STA, Cuttack, and the application shall be considered in accordance with law. Matter conceded to be similar to order dated 25.04.2024 in W.P.(C) No.9773 of 2024. Writ petition disposed of. (M.S. Raman, Vacation Judge)

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14180 of 2024

Kishan Chandra Bag …. Petitioner

Mr. Braja Mohan Sarangi, Advocate

-versus-

Chairman, STA, Cuttack …. Opposite Party

Mr. Gyana Ranjan Nayak, Advocate on behalf of Mr. Pravakar Behera, Standing Counsel (for Transport Department)

CORAM:

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

01.

ORDER

12.06.2024

This matter is taken up through Hybrid Mode.

It is conceded by the learned counsel for the parties that this matter is similar in nature to the order dated 25.04.2024 passed by this Court in W.P.(C) No.9773 of 2024.

The Petitioner in this writ petition prays for a direction to send the e-Challan/VCR dated 22.03.2024 (Annexure-1) in respect of the vehicle bearing Registration No.OD-15R-2537 (Goods Carrier) to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the Chairman, STA, Cuttack to consider his case for issuance of fitness certificate and permit.

Mr. Gyana Ranjan Nayak, learned counsel on behalf of Mr. Behera, learned Standing Counsel for Transport Department submits that in view of violation of the provisions of the Motor Vehicles Act, 1988, the Petitioner is required to appear before the Authority, who has issued the VCR and pray for transmission of the record to the jurisdictional Magistrate, if he wants to contest the case. The Petitioner has not yet

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appeared before the authority and made such prayer. Since the Challan/VCR amount is Rs.10,000/-, the Petitioner may be directed to deposit the entire VCR amount and contest the case before the jurisdictional Magistrate.

Taking into consideration the submissions of learned counsel for the parties, this Court directs that without prejudice to the case of either parties, in the event the Petitioner deposits 50% of the VCR amount, i.e. Rs.5,000/- (Rupees five thousand only) before the Chairman, STA, Cuttack-Opposite Party, the eChallan/VCR (Annexure-1) shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted. It is made clear that such deposit, if made, as directed above, shall be subject to the result of the adjudication to be made by the jurisdictional Magistrate.

So far as issuance of fitness certificate and permit is concerned, the Petitioner may apply for the same to the Chairman, STA, Cuttack by filing necessary application, which shall be considered in accordance with law.

With the aforesaid observation and direction, the writ petition is disposed of.

A copy of the writ petition along with a copy of this order shall be served on Mr. Gyana Ranjan Nayak, learned counsel on behalf of Mr. Behera, learned Standing Counsel for Transport Department for onward communication to the Opposite Party.

(M.S. Raman) Vacation Judge

Signature Not Verified

MRS Digitally Signed Signed by: MANORANJAN SAMAL Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Jun-2024 18:43:20

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