SRI CHANCHAL BASU Vs. STATE OF WEST BENGAL
LAWS(CAL)-2017-3-76
HIGH COURT OF CALCUTTA
Decided on March 07,2017

Sri Chanchal Basu Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

ARINDAM SINHA,J. - (1.) The petitioner is the elder brother of a victim in a road accident. The accident took place on 8th March, 2008 which involved the said victim, his wife and son while travelling in their car bearing registration no. WB02Y8537. All the three persons lost their lives and the vehicle was said to be damaged beyond repair.
(2.) The petitioner by letter dated 12th October, 2014 applied to the Director, Public Vehicles Department, Government of West Bengal (PVD) for surrender of the registration certificate. In that letter the following information was furnished :- i) The car was released from Chandannagar Court vide Singur P. S. case no. 35 dated 8th March, 2008 under sections 279/304(A) IPC under order dated 25th June, 2008. ii) The car was towed upto Kolkata and was placed at Maruti Authorized Service Centre for open survey. iii) The National Consumer Disputes Redressal Commission, New Delhi passed order dated 22nd April, 2014 in Revision Petition (R.P.) 1680 of 2014. The direction was that the salvage of the vehicle shall be delivered to the Insurance Company. iv) The Insurance Company had directed the petitioner to surrender the "Owner Book" of the car to the concerned Regional Transport Officer and furnish the original "Surrender Certificate" to the Insurance Company for final settlement.
(3.) The petitioner by subsequent letter dated 20th February, 2015 informed the Director, PVD that what he was seeking, for the purpose of obtaining settlement from the Insurance Company, was cancellation of registration and not surrender. The mistake had been made by the petitioner on the basis of letter written to him by the Senior Divisional Manager of National Insurance Company Limited.;


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