Ramsheela Devi & Ors vs Puran Chandra Swasi
2021 Latest Caselaw 2303 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      [Civil Miscellaneous Appellate Jurisdiction]
                             M.A. No. 304 of 2020
          Ramsheela Devi & Ors.                          .... .. ...          Appellant(s)
                                      Versus
          Puran Chandra Swasi                                      .. ... ... Respondent(s)
                           ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Appellant(s) : Mr. Pradipto Mitra, Advocate. For the Resp. : Mr. Chandrajit Mukherjee, Advocate ..........

07 / 09.07.2021. Heard, learned counsel for the parties.

It appears that Motorcycle bearing Registration No.JH-01C 0291 was registered in the name of Puran Chandra Swasi, S/o Maheshwar Swasi, R/o A 64/506, UCL Colony, Jadugora, P.O. & P.S. Jadugora, Distt. East Singhbhum, who even after notice has not appeared before the learned Tribunal though Mr. Puran Chandra Swasi was employee of UCIL, Jadugora.

Under the aforesaid circumstances, this Court is surprised to see that even after direction issued by Hon'ble the Apex Court in the case of Jai Prakash vs. National Insurance Co. Ltd., reported in (2010) 2 SCC 607, a vehicle/ offending motorcycle was released without following the procedures mentioned at Para-41 of the said judgment, securing the compensation to the victim of accident.

As such, to ascertain the fact, it would be proper to call for the G.R. records of Jadugora P.S. Case No.02 of 2011 dated 13.01.2011 registered under Sections 279 and 304A of the IPC against unknown driver of the offending motorcycle bearing Registration No.JH-01C 0291, as occurrence has taken place after the direction has been issued by the Apex Court which was duly circulated to the Chief Secretary and Director General of Police of all the States and the Registrar General of all the High Courts in compliance with direction made on 17 th December, 2009.

Under the aforesaid circumstances, Call for the records i.e. G.R. records of Jadugora P.S. Case No.02 of 2011 dated 13.01.2011 (G.R. No.19 of 2011) registered under Sections 279 and 304A of the IPC along with entire order-sheets from the concerned trial court.

Let a copy of this order be communicated through FAX to the learned Tribunal at once.

Put up this Appeal on 16.07.2021.

(Kailash Prasad Deo, J.) Sandeep/