(1.) By this writ petition, filed under Article 226 of the Constitution of India, the petitioner above named, inter alia prayed for directing the respondents and/or each of them to pay her adequate compensation for the death of her bachelor son, Haradhan Pal, aged about 21 years, due to motor vehicle accident occurred on 09.04.1991 at about 8-00 a.m. on Agartala-Airport Road near Abhoynagar Hindi School alleging that the accident occurred because of rash and negligent driving of the vehicle and identity of the vehicle could not be ascertained for the negligence on the part of the police authority in course of investigation of the case.
(2.) It is inter alia stated in the Writ Petition that Haradhan Pal, son of the petitioner, aged about 21 years, a businessman by profession, was passing through the Airport Road riding a bicycle on 09.04.1991 at about 8-00 a.m. and at that time, a vehicle having fake number plates one in the front and the other in the rear side of the vehicle, being driven most rashly and negligently with abnormal high speed, knocked down Haradhan in his left side of the road and as a result, Haradhan received severe injuries and died on 12.04.1991. The vehicle also knocked down two other women and one of whom died on the spot and the other was severely injured. It has also been alleged that the vehicle was probably carrying goods for smuggling purpose and therefore, it was driven so rashly and negligently, and after the accident the driver and other person who might be in the vehicle fled away from the spot and the local people being grossly furious because of the ghastly accident, set it to fire and the vehicle was completely gutted. The registration nos. of the vehicle since was completely gutted could not be ascertained by the police. It has been alleged that police would ascertain Engine number and Chasis number of the vehicle had they seized the remains of the vehicle but police negligently dealt with the matter and in course of investigation of the case failed to ascertain the Engine number and Chasis number of the gutted vehicle and as a result, the owner, insurer, and driver of the vehicle could not be ascertained for filing a claim case under the provisions of the Motor Vehicles Act. On the basis of an FIR lodged after the accident, East Agartala P.S. Case No. 06(4)/91 under Sections 279/338/304(A) of IPC was registered against the driver of an unknown jeep but after investigation, police submitted final report stating the fact of accident as true but wanting in evidence and the final report was accepted. It has been alleged that since the owner and insurer of the vehicle could not be ascertained for the latches on the part of the State agency, this Court should direct the State respondents to pay adequate compensation to the petitioner.
(3.) Respondents No. 1,2,3 and 4 contested the case by filing counter affidavit inter alia contending that the accident occurred because of rash and negligent driving of the jeep vehicle which knocked down two women one of whom died on the spot and the other was severely injured and also knocked down the son of the petitioner namely Haradhan Pal and after the accident, on the basis of an FIR lodged by one Tilak Ram Pradhan, husband of a deceased woman namely Smt. Manu Pradhan, East Agartala P.S. Case No. 6(4)/91 under Sections 279/338/304(A) IPC was registered. Immediately after the accident the driver fled away and a furious agitating mob from the neighbourhood gathered in the spot, looted the articles of the vehicle and set it to fire which was completely gutted. The agitated mob started road blockage and police after arrival in the spot tried to pacify the mob to restore law and order but in the meantime, the burnt vehicle was broken to pieces and those were also shifted from the spot. In course of investigation, police tried to find out the identity of the vehicle but even could not trace out the Engine number and Chasis number of the burnt vehicle since the vehicle parts after it was grossly damaged taken away and therefore, could not ascertain the identity of the vehicle, its driver, owner and insurer etc. Therefore, after investigation police submitted final report before the learned Chief Judicial Magistrate, West Tripura, Agartala and the Final report was accepted on 17.03.1994. There was no negligence or latches on the part of the police in the matter of investigation and so, the State respondents cannot be held responsible for making any payment of compensation. Other respondents did not file any counter affidavit.