COURT OF INQUIRY IN RESPECT OF

CISF NUMBER 091680628 CT/GD VISHU MOHAN B

Proceeding of CISF NO: 091680628 CT/GD Vishu Mohan B who met

an accident and sustained injury on 20.04.19 while
riding motorcycle.

On 06.05.2019 and on subsequent date till Completion of

inquiry.

For the purpose of To find out the cause of accident, damage occurred,
injuries sustained, present health condition of the
MOF, whether any police case is registered about the
incident, etc.

Assembled at Office of the Asstt. Commandant, CISF Unit ASG

Trivandrum.

In pursuance of Office of CASO/Commandant, CISF Unit ASG

Trivandrum office order No. IC-1706/CISF/
ASG(TV)/CIW/ 19/ 790 dated 23.04.2019.

Constitution of the Board Presiding Officer : Prasad P V,

Asstt. Commandant
CISF Unit ASG TVM.
Member- I :PrabakarS.
Insp/Exe
CISF Unit ASG TVM.
Member-II : Renith T
SI/Exe
CISF Unit ASG TVM.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 2

STATEMENTS OF THE FOLLOWING PERSONNEL WERE RECORDED BY THE BOARD

OF OFFICERS :-
(i) STATEMENT OF CISF NO. 091680628 CT/GD VISHU MOHAN B.
(ii) STATEMENT OF CISF NO. 901090030 SI/EXE C SABU
(iii) STATEMENT OF MISS. RESHMA, THE LADY RIDING THE OTHER
VEHICLE DURING ACCIDENT.

LIST OF DOCUMENTS EXAMINED BY THE BOARD OF COI:-

1. Out Patient record by which CT/GD Vishu Mohan B taken treatment at Medical College
Hospital, Trivandrum after the accident dated 20.04.19.
2. Copy of medical fit and unfit certificate related to CT/GD Vishmohan B from the medical
officer,Coastal Speciality Hospital,valliyathura, Trivandrum.
3. FIR No: 835/2019 dt.27.04.19 of ValliyathuraPolice Station,U/S 279, 337 and 338 of IPC.
4. Insurance policy certificate of motorcycle Register number MH 46 AS 2330.
5. Message serial number 607 dated 20.04.19 at SOCC, CISF Unit, ASG, Trivandrum.
6. GD No 313 at 1955 Hrs Dated 21.04.19 and GD No 540 at 0415 Hrs on 06.05.19 at CISF
camp, ASG, Trivandrum.

PLACES VISITED DURING THE PROCEEDINGS OF COI:-

The board during the Court of enquiry visited the spot of incident, ie in front of Viswa-bharati
tutorial, near Valliathura Church at Valliyathura- Shangumugham beach road.
The board also visited Valliyathura police station where an FIR has been lodged about the
accident, and met the police officer investigating the case and collected information related to the
case.

GIST OF STATEMENTS:-

STATEMENT OF CISF NUMBER 091680628 CONSTABLE/GD VISHU MOHAN B.

CISF NO. 091680628 CT/GD Vishu Mohan B stated that he is serving in CISF Unit, ASG,
Trivandrum from April 2018 and presently performing duty in ‘C’ Company. He performed his duty on
‘A’ shift on 20.04.19. On that day at 22:30 hours he was returning from market to his rented house in
his TVS Wego motorcycle (Register number MH 46 AS 2330).

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 3

He was travelling near Valliathura Church and in front of Viswa-bharati tutorial he was
overtaking an auto. Then he noticed a lady in Activa vehicle was also overtaking an auto on opposite
side.While crossing the vehicle his side mirror collided with the Activa vehicle’s mirror which is coming
in the opposite direction. Due to this he lost his balance and fell down. He also noticed the lady in the
opposite side went ahead and collided with another vehicle as the result the vehicle got skid. Due to
this accident he got some scratches. There were police personnel present at that time and they took
him to police station at Shangumugham. From there he called SI/Exe C Sabu to come for his
help.SI/Exe C Sabu came to the police station and took him to Medical College Hospital, Trivandrum.
There the doctors found his left wrist was fractured and plastered it. Also scratches found in his elbow
and knee. As it was night time and many patients in the hospital he would not available medical rest
from there. On 21.04.19 he went to government hospital at Valliyathura (Coastal Specialty Hospital)
and as per the Medical Officer’s advice he availed 5 days sick rest with effect from 21.04.19. He
made GD entry at unit line wide GD number 313 at 1955 hours on 20.10.19. His sick rest was
extended up to 05.05.19 and he joined for duty after availing fitness certificate from medical officer on
06.05.19. He made a GD entry wide GD number 540 at 0415 hours on 06.05.19. During the period
he went to collect his vehicle from police station which was taken by them at the time of accident then
he come to know that an FIR was lodged in this regarding.
During questions and answers he clarified he does not have a valid Driving Licence and he
said he is having insurance value from 26.04.19 to 25.04.20.Regarding his injuries during the
accident he said he got fractured in his left wrist and during the rest period it recovered up to great
extent except some pain. Medical officer said it will be recovered with time.
During questions he clarified one young lady along with her mother in the opposite vehicle
during accident and he did not aware about the injuries about other persons but he said the lady
driving the vehicle got some injuries and later come to know that her hand was fractured. He said
there is no damage to his vehicle.
He did not apply for permission or informed about his purchase of the motorcycle because the
price of the motorcycle is below his three months basic pay.
He said there were Police officers present at the time as it was Easter festival And the Church
was located nearby and the police officer took him to police station and the reason was local persons
may beat him up due to sympathy for lady involved in the accident. They asked him to call somebody
to help him.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 4

While asking in the FIR it was mentioned both the vehicles were riding in same direction, but
he denied that the vehicles were in same direction.He said that both the vehicles are travelling in
opposite directions.
He denied consumption of alcohol during the accident as mentioned in the history of patient in
the OP record of Medical College Hospital, Trivandrum. He asserted that he wore helmet during the
accident.

STATEMENT OF CISF NO.901090030 SI/EXE C SABU

CISF number 901090030, SI/Exe C.Sabustated that he is serving in CISF and presently
deployed in ‘C’ Company at CISF Unit, ASG, Trivandrum. On dated 20.04.19 he was at Church on
Easter celebration. During the time at about 2230 hours or maybe later he received a call in his
mobile phone and in that phone call one police person informed him from Shangumugham police
station that CT/GD Vishu Mohan B of our unit was there and he met an accident.He asked him to
come to the police station. There at police station they informed that CT/GD Vishu Mohan B met an
accident near Valliyathura Church area and got injured in it. He asked him to take him for first aid. So
he took him to Medical College Hospital. There the doctors took X-ray and other tests and found his
left wrist was fractured. The doctors plastered his left hand wrist portion. Also treated his scratches.
Then he took him to his house and left him there at around 0400 hours on 21.04.19. In between the
time he also informed SOCC by phone about the accident.
During the questions he Verified that the police officer asked him ‘do you know Visu Mohan’
and he replied ‘yes’. The police officer said CT/GD Vishu Mohan B met an accident and got minor
injuries and asked him to come for his help as he needFirst-aid. He did not see any other persons
involved in the accident at police station and the police person did not say anything about the
accident and the personnel involved in it. Also he did not see the vehicles involved in the accident at
police station and he did not aware of any other information except took Vishu Mohan B to hospital
and help him in hospital during his treatment.

STATEMENT OF MISS. RESHMA COMPLAINANT AGAINST CT/GD VISHU MOHAN B:-

Miss.Reshma stated that she is resident of Reshma house, TC-34/1749(1), Vallakkadavu,
Thiruvananthapuram - 08. is a physiotherapist. She was travelling in her ‘Facino’ vehicle (Register
number KL 01 BW 248) on 20.04.19 at about 2230 hours to Valiathura church on the eve of Easter
celebrations.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 5

On the way to the church in front of Viswa-bharati tutorial her vehicle was hit by another
vehicle from back side. As the result of that her mother sitting in pillion fell down from the vehicle on
left side and she fell down with the vehicle to the right side. Her mother got minor injuries and she felt
severe pain in her right hand and left leg. Her father was following them backside in another vehicle.
He took them to hospital from the spot by auto. They reached S P Port Hospital and there they took
X-Ray and other tests. The doctor said there is multi fracture in her right hand. She was admitted in
the hospital for 4 days. The doctors operated the fracture portion of right hand and fixed with rod.
The cost of treatment took around 1,45,000/- rupees (Rupees one lakh and forty five thousand). As
per the doctor's opinion it will take around 6 months for normal functions with her hands.
During the questions she said she is having valid license and insurance for vehicle. There was
only minor damage to the vehicle. At the accident spot it was dark and she made a loud sound about
the accident. But she was in severe pain and her father took them to hospital immediately. And the
police personnel were also present at the time during the accident at the place.

SCENE OF OCCURRENCE
The board of officers visited the scene of occurrence on 06.05.19 the road in front of Viswa
Bharati tutorial, near Valliyathura Church, Valliyathura- Shangumugham Road. It is long and wide
road without any curve or bend. The accident took near valliyathura Church on the eve of Easter
when road was busy with heavy traffic towards Church.

UNDISPUTED FACTS:-
After study of the statements recorded and documents examined during the COI the following
facts came to light undisputed
1. As on 20.04.19 at about 2030 hours CT/GD Vishu Mohan B met an accident in front of
Viswa-bharati tutorial near Valliathura Church, Valiathura - Sangumugam Road, while riding
motorcycle number MH-46-AS- 2330.
2.CT/GD Vishu Mohan B was not on duty or on the way to mount / dismount for duty at the
time of accident. CT/GD Vishu Mohan B had performed a shift duty from 0530 Hrs to 1300 hours on
the day of road accident. During the time of accident his travel is purely on personal business and not
related to duty.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 6

3. The accident took place while CT/GD Vishu Mohan B was overtaking and auto rickshaw
and collided / hit with another scooter.
4. Due to the accident CT/GD Vishu Mohan B fell down at the accident spot and sustained
injuries on his left wrist and scratches in knees and elbows.
5. CT/GD Vishu Mohan B had undergone first aid treatment including medical tests at Medical
College Hospital Trivandrum and not admitted there being the injuries were not in serious nature.
6. Latter on 21.04.19 He was advised medical rest by the medical officer, Coastal Specialty
Hospital, Valliathura from 21.04.19 to 05.05.19.
7. CT/GD Vishumohan B joined on 06.05.19 for duty after availing medical fitness.
8. He is performing normal duty and his health condition is normal and performing normal
duties without any excuse.
9. As per the statement of CT/GD Vishumohan B he did not get permission from department
to purchase the vehicle as the price of the motorcycle is less than his three months basic pay.
10. Miss. Reshma, Reshma house, TC 34 - 1749 ( 1 ), Vallakkadavu, Trivandrum – 08,Who
involved in the accident sustained multiple fractures in her right hand and her mother who was a
pillion Rider in the scooter sustained only minor injuries.
11. There is no major damage to both of the vehicles involved in the accident.
12. CT/GD Vishu Mohan B did not possess a valid Driving licence at the time of accident. He
was driving the motorcycle without valid driving licence.
13. The insurance policy of the motorcycle used by CT/GD Vishu Mohan B was not valid /
renewed.
14. An FIR was lodged in police station regarding the accident against CT/GD Vishu Mohan B
vide FIR number: 0835/ 2019 under section 279, 337 and 338 of IPC. The matter is under
investigation with local police.
15. Being the eve of Easter the Valliyathura area was comparatively crowded at the time of
accident.
16. SI/Exe C Sabu went to the police station to help constable GD/GD Vishu Mohan B and
took him to Medical College Hospital for further treatment.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 7

DISPUTED FACTS

1. The cause of accident.

2. Whether there is any negligence in the part of CT/GD VISHUMOHAN B in the accident.

DISCUSSION ON DISPUTED FACTS

The statements of CT/GD Vishu Mohan B and Miss. Reshma are not corroborating
each other. As per the version of CT/GD Vishu Mohan B he collided with the scooter of Miss. Reshma
who was coming from opposite side, where as Miss. Reshma stated that her vehicle was hit from
backside by the vehicle of CT/GD Vishu Mohan B. Here it is mentioned that the Accident happened
on the eve of Easter near Valliyathura Church where the devotees were present in large numbers for
mass/celebrations. So the road, where accident took place might also have been crowded. That is
why the police personnel where detailed there. CT/GD Vishu Mohan B should have been more
careful while riding two wheeler in such a place especially while overtaking the auto rickshaw.
More over the FIR lodged in Valliathura police station is also against the rash and
negligent driving from the part of CT/GD Vishu Mohan B under section 279, 337 and 338 of IPC. As
per the statements of CT/GD Vishu Mohan B, had he not been shifted to the police station he would
have been attacked by the public, which indicates towards his careless driving. However the
investigation under process and no charge sheet has been filed so far. Furthermore CT/GD Vishu
Mohan B was riding the motorcycle at about 2230 hours through a crowded place without proper valid
Driving license.
The Insurance of two wheeler was also not renewed at the time of accident.Moreover in his
Out Patient medical report Medical College Hospital, Trivandrum,it is mentioned that‘alcohol
consumption&fall from bike’ as history of the patient.Although it is not confirmed by any test later.This
shows the careless attitude and driving from the part of CT/GD Vishu Mohan B.
The COI could not derive the cause of accident from the evidence collected during the
Inquiry.
The COI established the negligence from the part of CT/GD Vishu Mohan B that he
was riding the two wheeler without possess of valid Driving License at the time of accident which is
against the law of land and violation of repeated instructions from the Force HQrs.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer
 8

OPINION OF THE BOARD

Negligence and violation of the law of land exist against CISF No:091680628, CT/GD
Vishu Mohan B that on 20.04.19 about 2230 Hours, he met an accident in front of Viswa-Bharati
tutorials, near Valliyathura Church at Valliyathura- Shangumugam Road while he was riding his two
wheeler (Regd No: MH-46-AS-2330) without possession of valid Driving License. During the time of
accident he was not on duty. The date of insurance was also found expired at the time of accident.
During the accident neither he was on duty nor on the way to or from duty. Hence his leave
may be regulated as normal sick period.

SUGGESTIONS OF THE BOARD

1. Periodic checking of Driving license of personnel possessing/driving vehicles in the unit

should be conducted regularly.
2. Arrangements should be made to obtain driving license for personnel not having valid
driving license at unit level.

Renjith T Prabakar S Prasad P V.

SI/Exe Insp/Exe Asst.Commandant
CISF Unit, ASG-TVM CISF Unit, ASG-TVM CISF Unit, ASG-TVM
Member-II Member- I Presiding Officer