ASSAM RIFLES Vs. HEMADA

JUDGEMENT

(1.) We have heard the appeals together with the consent of the learned Counsel for the parties as they involve common questions of law and facts. We proceed to dispose of the same immediately after hearing learned Counsel for both the parties bearing to mind the message, amounting to command of the Supreme Court, in State of Haryana v. Darshana Devi, AIR 1979 SC 855 directing us to dispose of such cases as expeditiously as possible.

(2.) The appellants have preferred the appeals against a common award made by the Member, Motor Accident Claims Tribunal, Sibsagar, Jorhat in M.A.C.T. Case Nos. 30/73, 31/73 and 32/73 awarding compensation to the respondents.

(3.) The relevant facts are that on 19-9-73 at about 8 a.m. a transport vehicle belonging to the Assam Rifles knocked down and ploughed over Punai, Chowkidar of Kaliapani M.E. School and two young students of the school, Haren and Deben, who were going by the extreme left side of she road. After dashing the three pedestrians, the transport vehicle went off the road and landed in the road side field. Punai, the Chowkidar, Haren and Deben, two young boys, were crushed to death on the spot. The widow of the Chowkidar and mothers of the two children preferred applications for compensation under the Motor Vehicles Act, 1939 and the Rules framed thereunder. The Tribunal recorded the evidence of the witnesses, heard learned Counsel for the parties and awarded compensation of Rs. 21,000/- to the wife of the Chowkidar and Rs.7,000/- each to the mothers of the boys. So, the price of three human lives was assessed at Rs.35,000/-.