IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 24264 of 2008(L) -------------------------- PETITIONER(S): --------------- ORIENTAL INSURANCE CO.LTD. ANGAMALY, NOW REP. BY ITS ASSISTANT MANAGER REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.P.JACOB MATHEW SMT.T.A.LUXY RESPONDENT(S): --------------- 1. DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU,THIRUVANANTHAPURAM-4 2. SUPERINTENDENT OF POLICE, ERNAKULAM RURAL DIST, ALUVA. R2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 24264 of 2008 L - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 JUDGMENT The petitioner is an Insurance Company. A vehicle - a motor cycle bearing No. KL 7/AE 7027 – was insured with the petitioner. That motor cycle met with an accident on 19.10.2003 at 11.30 p.m. A crime was registered as Crime No. 534 of 2003 of Angamali Police Station. Investigation was conducted into that crime. Final report was filed alleging that one Poly was the rider of the vehicle at the relevant time and one Shibu was the pillion rider. The said Shibu succumbed to the injury suffered and the legal heir of deceased Shibu has staked a claim for compensation in O.P.(MV) 82 of 2004 before the M.A.C.T., Perumbavoor. 2. According to the petitioner, the accused Poly was not the rider at the relevant time. According to him deceased Shibu was the rider of the vehicle at the relevant time. In order to support a false claim for compensation and to defeat the interests W.P.C.No. 24264 of 2008 2 of the petitioner deceased Shibu was shown as pillion rider and the accused was shown as the motor cycle rider. The police, swallowing the version of the interested parties, have filed the final report in Crime No.534 of 2003 alleging the said Shibu to be the pillion rider and the said Poly to be the accused, who was riding the vehicle at the relevant time. In short the contention of the petitioner is that a proper investigation has not been conducted. Inspite of an application for re- investigation, no proper re-investigation has been conducted. 3. Notice was given to the respondents. It is reported that the case, in which cognizance was taken on the basis of the final report in crime No.534 of 2003, has already ended in acquittal. In these circumstances no further investigation can and need be directed, it is submitted. Leaving open the right of the petitioner to raise all appropriate contentions before the M.A.C.T. in O.P.(MV) 82 of 2004, this petition may be dismissed, it is prayed. 4. I find merit in the opposition. Investigation was already completed. Trial has also been completed. The indictee has already secured acquittal. In these circumstances I am of the opinion that it is W.P.C.No. 24264 of 2008 3 not necessary to direct a fresh or further investigation to be conducted in the matter. The interests of the petitioner can certainly be safeguarded. It shall be open to the petitioner to raise all appropriate contentions before the M.A.C.T. in O.P.(MV) 82 of 2004 and the filing of the charge sheet or the trial of the accused on the basis of such charge sheet ending in acquittal will not in any way fetter the rights of the petitioner to raise all such appropriate contentions. 5. With the above observations this writ petition is dismissed. (R. BASANT) Judge tm