KERALA STATE ROAD TRANSPORT CORPORATION v. STATE

STATE, REPRESENTED BY SUB INSPECTOR OF POLICE KATTAKADA POLICE STATION, IN CRIME NO.1749 OF 2023, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT. SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2449 OF 2024 2 BECHU KURIAN THOMAS, J. ----------------------------------------- Crl.M.C. No. 2449 of 2024 ---------------------------------------- Dated this the 2nd day of April, 2024 ORDER The bus belonging to KSRTC bearing registration No.KL-50-A- 2165 suffered an accident on 13-11-2023. An offence under Section 304 of the Indian Penal Code, 1860, is registered against the driver of the bus after seizing the vehicle. Subsequently, the Competent Officer of the KSRTC filed an application under Section 451 Cr.P.C. seeking release of the bus.

By the impugned order dated 08-12-2023, the learned Magistrate directed the release of the vehicle on interim custody after imposing various conditions. One of the conditions provided that the petitioner must produce original documents of the vehicle, including a legal and valid permit and insurance for verification. These documents was directed to be returned to the petitioner after retaining duly attested photocopies. Petitioner is aggrieved by the condition directing production of a valid insurance certificate.

Sri. P.C.Chacko, the learned counsel for the petitioner, contended that, as an authority notified under the Motor Vehicles Act and having an insurance fund thereon, the vehicles of KSRTC CRL.MC NO. 2449 OF 2024 3 are not required to have separate insurance. In support of his contention, he referred to Annexure 2 notification dated 13-05-1965 issued under the provisions of the Travancore. Cochin Motor Vehicles Act, 1125 and Motor Vehicles Act of 1988 were referred to in support of his contentions.

Smt. Sreeja V. the learned Public Prosecutor opposed the submissions and contended that the impugned order does not warrant any interference.

Section 89 of the Travancore Cochin Motor Vehicles Act,1125 (for short ‘the TC Act’) provide that the requirement of having a policy of insurance to enable motor vehicles to be used in a public place shall not apply to any vehicle owner by the Government, or a local authority, or any other authority notified in that behalf by the Government. In exercise of the said powers under Section 89 of the aforesaid statute, the Government had notified that the said provision in Section 89 to the extent of requiring a policy of insurance, is not applicable to the vehicles belonging to the KSRTC, provided the Corporation forms a separate insurance fund.

Under the Schedule to Part B State (Laws) Act, 1951, the provisions of any law relating to insurance of motor vehicles against third party risks in force in Part B State shall continue to operate, despite the coming into force of the Motor Vehicles Act, 1939. Further, under Section 217 of the Motor Vehicles Act, 1988, the CRL.MC NO. 2449 OF 2024 4 provisions of Section 89 of the TC Act and the notification issued thereunder are saved under the new statute.

Viewed in the above perspective, since admittedly, an insurance fund has been created by the State of Kerala pursuant to an order of the Supreme Court in W.P.(C)No.534/2020 and the corresponding Government Order dated 19-09-2022, constituting an additional pool fund for settling MACT compensation claims, utilising Rs.15 Crore/- from the Special TSB account of KSRTC the requirement to have separate insurance for the vehicles of KSRTC does not prevail. As long as the separate fund is in force and the notification already issued continues, the need for a separate insurance cannot be insisted upon. Therefore, the condition in the impugned order directing the petitioner to produce valid insurance for verification is irregular and is liable to be interfered with.

Accordingly, condition No. 6 of the impugned order to extent it directs production of valid insurance of the vehicle KL-50- A-2165 is hereby set aside. This Crl.M.C is allowed as above. AJM Sd/- BECHU KURIAN THOMAS JUDGE CRL.MC NO. 2449 OF 2024 5 APPENDIX OF CRL.MC 2449/2024 PETITIONER ANNEXURES Annexure-I TRUE COPY OF THE ORDER DATED 08.12.2023 IN CMP NO. 7305 OF 2023 OF THE KATTAKAD POLICE STATION, PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA. TRUE COPY OF THE ORDER DATED 13.05.1965 ISSUED BY THE GOVERNMENT OF KERALA. TRUE COPY OF THE CMP NO. 619 OF 2024 DATED 30.01.2024 FILED BY THE PETITIONER. TRUE COPY OF THE ORDER DATED 17.02.2024 IN CMP NO. 619 OF 2024 IN CRIME NO. 1749 OF 2023 OF KATTAKADA POLICE STATION OF THE JUDICIAL FIRST CLASS MAGISTRATE, KATTAKADA. TRUE COPY OF THE ORDER DATED 09.01.2023 ISSUED BY THE GOVERNMENT OF KERALA. TRUE COPY OF THE ORDER DATED 27.02.2024 ISSUED BY THE EXECUTIVE DIRECTOR, KSRTC. TRUE COPY OF THE ORDER DATED 16.11.2021IN BAJAJ ALLIANZ GENERAL INSURANCE COMPANY PRIVATE LTD. VS. UNION OF INDIA AND ORS. OF THE HON'BLE SUPREME COURT OF INDIA. TRUE COPY OF THE ORDER VIDE NO. G.O(RT) NO. 384/2022/TRANS DATED 19.09.2022 ISSUED BY THE SECRETARY, GOVERNMENT OF KERALA. Annexure-II Annexure -III Annexure-IV Annexure-V Annexure-VI Annexure-VII Annexure-VIII TRUE COPY