Article 226 Cannot Resolve Disputed Negligence Questions Pending Before Competent Forums

On 12 March 2022, a car and a truck collided on National Highway 130 in Korba district, resulting in the deaths of the car’s occupants.

The truck driver lodged FIR No. 43/2022 alleging that the car driver caused the accident; a family member of the deceased later lodged FIR No. 106/2022 alleging that the truck driver was responsible.

Both FIRs concerned offences under Section 304-A IPC.

A closure report was submitted in FIR No. 43/2022 following the car driver’s death, while a charge-sheet was filed against the truck driver in FIR No. 106/2022, and the criminal trial was pending.

The Insurance Company petitioned under Article 226 seeking a direction for investigation, contending that the second FIR was impermissible and intended to shift liability to it.

Motor-accident compensation proceedings were also pending.

1. Whether the Court should direct further investigation into the FIRs concerning the same accident, in light of the competing allegations and the pending criminal and motor-accident proceedings.

2. Whether the Insurance Company’s challenge to the second FIR and its allegation of an ulterior motive could be determined in a petition under Article 226.

Section 304-A IPC concerns causing death by a rash or negligent act.

The Court applied the principle that Article 226 is not to be used to determine disputed questions of fact, particularly where the relevant criminal and motor-accident proceedings are pending before competent forums.

The two FIRs contained opposing accounts of which driver was rash or negligent, and whether the later FIR was lodged to create liability for the Insurance Company depended on disputed facts.

The Court held that those matters could not be resolved in writ proceedings, especially because the investigation into FIR No. 106/2022 had resulted in a charge-sheet and the criminal trial was pending.

The negligence and liability questions were also before the competent motor-accident forums; a writ-court finding could affect those proceedings, including an award already under appeal.

The writ petition was dismissed.