CWP(T) No. 10043/2008 4 06.04.2011 Present: Mr. R. Bharti, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate for the respondents Petitioner has prayed mainly for the following relief:- i) That the impugned order dated 30.7.2003 (Annexure A/1) may kindly be quashed. ii) The amount already recovered by the respondents in pursuance of impugned order dated 30.7.2003 (Annexure A/1) may kindly be directed to be released to the applicant with interest at the rate of 18 percent per annum.” 2. In terms of office order dated 30.7.2003 (Annexure A/1), respondents are seeking to recover a sum of Rs.65,760/- incurred as losses towards payment of damages in the claim petition filed by various claimants under the provisions of the Motor Vehicles Act, claiming compensation on account of the accident of the bus, owned by HRTC and driven by the petitioner. 3. Mr. R. Bharti, learned counsel for the petitioner has placed on record a copy of the judgment dated 4.6.2004 passed in Crl. Case No. 80/1 of 2002 titled as State vs. Gian Chand & Anr., copy of which is taken on record, evidencing the fact that petitioner stands acquitted in a criminal case arising out of the very same accident. This judgment has attained finality. In the claim petition filed by the claimants before the Motor Accident Claims Tribunal, damages stand accorded to the claimants and the liability is joint and several including that of the petitioner. 4. My attention has been invited to the Notification dated 3.2.2009, wherein the respondents themselves have taken a policy decision that in all cases where the drivers stand acquitted in criminal cases pertaining to the very same accident, the amount shall not be recovered from them. In view of the same, petitioner is thus absolved from making payment sought to be recovered in terms of Annexure A-1. Recovery to this extent is thus quashed. 5. The amount , if any, recovered pursuant to Annexure A-1 be reimbursed to the petitioner within a period of two months from the date of supply of the copy of the order, failing which thereafter petitioner shall be entitled to interest @9% per annum. 6. Mr. R. Bharti, learned counsel for the petitioner has invited my attention to the provisions of Section 146(3) which reads as under:- “(3) The appropriate Government may, by order, exempt from the operation of sub-section (1) any vehicle owned by any of the following authorities, namely:- (a) the Central Government or a State Government, if the vehicle is used for Government purposes connected with any commercial enterprise; (b) any local authority; (c) any State transport undertaking: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties.” 7. Insofar as establishment of fund is concerned, it is contended that it has not been done so by HRTC. Undisputedly, the appropriate Government has issued an order exempting the operation of Sub Section (1) of Section 146 on all the vehicles owned by HRTC. However, this action on the part of the appropriate Government cannot be said to be in consonance with the requirement of law keeping in view the proviso to Sub Section (3). 8. Day in and day out accidents of vehicles owned and run by HRTC are taking place. There can be various reasons for the same. Interest of the public needs to be protected, safeguarded and timely compensation to meet the emergent situation arising out of the accident needs to be disbursed. This can only be so, if the fund is established by the respondents HRTC for meeting with the liability arising out of the vehicles involved in the accident. Consequently, there is a direction to HRTC to immediately establish the fund as is so stipulated in the proviso to Sub Section (3). 9. With these observations, petition stands disposed of. April 06, 2011 ( Sanjay Karol ), (rana) Judge.