Babuna Barik Vs a.R.T.O., Khurda — Motor Accident Claims | Orissa HC (2024)

Babuna Barik Vs a.R.T.O., Khurda — Motor Accident Claims | Orissa HC (2024)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) on deposit of Rs.13,000/- (stated as 50% of the VCR amount) before the Chairman, STA, Cuttack-Opposite Party, the e-Challan/VCR dated 11.03.2024 (Annexure-1) is to be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted, such deposit being subject to the result of that adjudication; and (ii) the Petitioner may apply to the Chairman, STA, Cuttack for fitness certificate and permit, to be considered in accordance with law.

Issue for consideration

Whether the e-Challan/VCR dated 11.03.2024 in respect of vehicle Registration No.OD-33E-1848 (Goods Carrier) should be sent to the jurisdictional Magistrate for appropriate relief. +1 more

Court's answer

Without prejudice to the case of either party, the direction for transmission of the e-Challan/VCR is conditioned on the Petitioner depositing 50% of the VCR amount, i.e. Rs.13,000/-, before the Chairman, STA, Cuttack-Opposite Party.

Ratio / Principle

Upon such deposit, the eChallan/VCR (Annexure-1) shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted.

Key takeaways

Any deposit made pursuant to the direction is subject to the result of the adjudication to be made by the jurisdictional Magistrate.ratio¶¶18
On the question of fitness certificate and permit, the Petitioner may apply to the Chairman, STA, Cuttack by filing a necessary application, which shall be considered in accordance with law.ratio¶¶19

Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction of the High Court of Orissa (W.P.(C) No.14183 of 2024, decided 12.06.2024 by M.S. Raman, Vacation Judge) concerning an e-Challan/VCR dated 11.03.2024 issued in respect of a Goods Carrier bearing Registration No.OD-33E-1848, alleged to involve violation of the Motor Vehicles Act, 1988. Held: without prejudice to either party, if the Petitioner deposits 50% of the VCR amount, i.e. Rs.13,000/- (against a total Challan/VCR amount of Rs.27,000/-), before the Chairman, STA, Cuttack (Opposite Party), the e-Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted; any such deposit is subject to the result of the Magistrate's adjudication. Separately, for issuance of fitness certificate and permit, the Petitioner was permitted to apply to the Chairman, STA, Cuttack, such application to be considered in accordance with law. Petition disposed of. Counsel for the parties had conceded the matter was similar to the order dated 25.04.2024 in W.P.(C) No.9773 of 2024.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14183 of 2024

Babuna Barik …. Petitioner

Mr. Braja Mohan Sarangi, Advocate

-versus-

ARTO, Khurda …. 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 11.03.2024 (Annexure-1) in respect of the vehicle bearing Registration No.OD-33E-1848 (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.27,000/-, 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.13,000/- (Rupees thirteen 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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