H C DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for issuing of a writ in the nature of certiorari quashing the order dated May 6, 1998 (Annexure P-5) passed by the Commandant, 3rd Commando Battalion, Phase XI, Mohali (respondent No. 3), directing the recovery of half of the compensation amount along with interest amounting to Rs.1,18,545/- being 50% of the amount of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh to the claimants, viz. Smt. Kaushalya Devi, sister of the deceased Dalip Kumar, and Devinder Singh injured, respectively, from the salary of the petitioner in instalments at the rate of Rs. 1,000/- per month.

(2.) The petitioner has averred that he was working as Head constable/Driver in the 4th Commando Battalion, Chandigarh. On May 3, 1993, Davinder Singh was driving Scooter No. CHN-7422 and Dalip Kumar was sitting behind him. They were going from sector 5 towards Industrial Area. When the scooter turned on the dividing road of Sectors 5 and 8, a Punjab Police Marutr Gypsy No. PB-12-A-5849 came from the side of Sectors 4 and 9 round-about at a very fast speed and struck with scooter of Davinder Singh. Both Dalip Kumar and Davinder Singh were injured and sustained injuries. Dalip Kumar, who was sitting on the pillion, expired in the P.G.I., on the next day, i.e., May 4, 1993. The Motor Accident Claims Tribunal, Chandigarh awarded an amount of Rs.1,50,00/- as compensation to Smt. Kaushalya Devi, sister of the deceased Dalip Kumar and Rs.5,000/- to Davinder Singh, injured. Since the jeep of the government was not insured, the liability of payment of the amount of compensation was fastened upon respondent Nos. 1 to 3, viz., the State of Punjab, Directors General of the Police, Punjab and the petitioner, who was driving the gypsy. All these respondents were held jointly and severally liable for the amount of compensation to be paid (o the claimants. A copy of the award dated April 3, 1996 passed by the Motor Accident Claims Tribunal, Chandigarh is annexed with the writ petition as Annexure P-l. It has been further averred that a case FIR No. 44 dated May 3, 1993 under Sections 279/337/304-A of the Indian Penal Code, Police Station Sector 3 (North), Chandigarh was registered against him. He was acquitted of the charge vide judgment dated August 10, 1996 of the Judicial Magistrate, I Class, Chandigarh, a copy of which is attached with the writ petition as Annexure P-2, It has been further averred that against the award dated April 3, 1996 passed by the Motor Accident Claims Tribunal, Chandigarh, the petitioner and the State of Punjab filed FAOs Nos. 2552 of 1996 and 252 of 1997 respectively, but these were dismissed by a decision of the Division Bench of this Court dated September 5, 1997.

(3.) I have heard the arguments advanced by the learned counsel for the petitioner and the respondents.