Kerala High Court
Narfed P.L vs The Assistant Engineer on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 3186 OF 2024
PETITIONER:
NARFED P.L.
AGED 36 YEARS, S/O. LATHEEF P.M.,
PATTUKULANGARA HOUSE, PORKULAM P.O.,
PAZHANJI ROAD, THRISSUR DISTRICT,
PIN - 680 542.
BY ADV
K.RAKESH
RESPONDENTS:
1 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD,
OFFICE OF THE ASSISTANT ENGINEER ELECTRICAL
SECTION TIRUR WEST, VYDYUTHI BHAVANAM,
POOKAYIL P.O., THAZHEPALAM, TIRUR,
MALAPPURAM DISTRICT, PIN - 676 107.
2 THE STATION HOUSE OFFICER
TIRUR POLICE STATION,
MALAPPURAM DISTRICT,
PIN - 676 101.
BY ADV
THANKAPPAN M K, FOR R1
SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.3186 of 2024
:2:
JUDGMENT
Dated this the 6th day of February, 2024
The petitioner, who is owner of a Tanker Lorry
bearing registration No.KL-40K-0229, has approached this Court
seeking to direct the respondents to return the key of Tanker
Lorry to the petitioner forthwith.
2. The petitioner states that the vehicle has a
comprehensive Insurance policy valid till 24.10.2024. The
vehicle of the petitioner met with an accident on 02.01.2024,
causing damage to a Transformer (DP Structure) belonging to
the Kerala State Electricity Board and its fencing causing loss to
the tune of about Rs.1,18,439/-.
3. The petitioner states that in connection with the
incident, the 2nd respondent-Station House Officer took the key
of the vehicle and now the same is kept in the Police Station.
The vehicle is parked at the road side close to the place of
accident. Till date, no civil or penal proceedings have been
initiated. Unless the key is released and the petitioner is
permitted to take away the vehicle, the petitioner will be put to
untold hardship and loss, contends the petitioner.
4. Standing Counsel entered appearance on behalf of
the 1st respondent-Assistant Engineer. The Standing Counsel
submitted that the petitioner has caused damages to the KSEB
transformer and its fencing. The petitioner is liable to make up
that loss. The 1st respondent-Assistant Engineer has required
the 2nd respondent-Station House Officer to provide necessary
particulars including number of the vehicle, Insurance Policy and
such other details, which would be required for realisation of the
loss caused to the KSEB.
5. Government Pleader representing the 2 nd respondent-
Station House Officer submitted that though an accident was
reported, the 2nd respondent has not taken the vehicle into
custody and the key is not with the 2 nd respondent as claimed by
the petitioner. However, since the accident is admitted, the
petitioner will have to co-operate with the police, for any future
investigation in the matter if required and produce the lorry as
and when directed by the 2nd respondent.
6. I have heard the learned Counsel appearing for the
petitioner, the learned Standing Counsel representing the 1 st
respondent and the learned Government Pleader representing
the 2nd respondent.
7. The accident caused by the lorry of the petitioner may
be a criminal offence. But, so far no FIR is lodged or criminal
proceedings are taken against the petitioner. Compensation for
damage caused by the alleged accident, is a matter of civil right
for which the 1st respondent will have to take appropriate steps.
On those grounds, if the petitioner's vehicle is kept idle on the
road side, that will not be in the interest of any of the parties.
In the facts of the case, the writ petition is disposed of
permitting the petitioner to remove the lorry on condition that the
petitioner shall co-operate with the investigation in respect of the
accident, if warranted and produce the vehicle as and when the
2nd respondent-Station House Officer directs the petitioner to
produce it.
Sd/
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 3186/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE VEHICLE PARTICULARS
OF TANKER LORRY BEARING REGISTRATION
NO.KL 40/K 0229.
Exhibit P2 A TRUE COPY OF THE GOODS CARRYING
COMPREHENSIVE POLICY OF THE TANKER LORRY
BEARING REGISTRATION NO.KL 40/K 0229
ISSUED BY HDFC ERGO GENERAL INSURANCE
COMPANY LTD. DATED 3-1-2024.
Exhibit P3 A TRUE COPY OF THE ESTIMATE ISSUED BY
THE 1ST RESPONDENT DATED 3-1-2024.
RESPONDENTS' EXHIBITS
Exhibit R1(a) TRUE COPY OF LETTER NO.DB/TW/VEHICLE
DASH/23-24/153 DATED 03.01.2024 ISSUED
TO. NARFED.P.L.
Exhibit R1(b) TRUE COPY OF THE PETITION NO.DB/2023-
24/TIRUR WEST/GENERAL/154 DATED
03.01.2024.
Exhibit R1(c) TRUE COPY OF THE SITE MAHASSAR DATED
02.01.2024.
