KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner was a Driver in the Punjab Roadways who caused a fatal accident on 15.02.1999, resulting into the death of a motorcyclist. The legal heirs of the deceased successfully raised claim for compensation before the Motor Accident Claims Tribunal (in short, 'the Tribunal'), for a sum of Rs. 6,14,000/- along with interest @ 12%. The petitioner was also a party respondent before the Tribunal.

(2.) The principle of vicarious and joint liability was applied by the Tribunal and the petitioner along with State of Punjab were held responsible to pay the compensation amount. The competent authority initiated disciplinary action against the petitioner and passed the impugned order(s) deducting a sum of Rs. 1 lac from the petitioner's Gratuity towards the financial loss suffered by the State due to payment of compensation awarded by the Tribunal.

(3.) It may be noticed here that the petitioner though was held guilty of rash and negligent driving by the Tribunal, he was acquitted by the Judicial Magistrate in the criminal case registered under Sections 279, 337, 338, 304-A IPC. The MACT award as well as the acquittal order both are said to have attained finality.