GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks quashing of orders dated 5.10.2009 and 15.3.2010 (Annexure P-11 and P-12) whereby a sum of Rs. 1 lac has been recovered out of his gratuity, towards his proportionate liability for payment of compensation to the family members of the deceased who died in a motor accident admittedly caused by the petitioner while driving a bus of the Punjab Roadways. The petitioner has now retired from the post of Driver.

(2.) The question to be determined is whether the petitioner who has been acquitted by the Court in the criminal case registered under Sections 279, 304-A Indian Penal Code etc. be held liable to share proportional liability towards compensation paid by the State to the family members of the victim of the raid accident?

(3.) The undisputed facts are that the petitioner was on duty as driver on Bus No. PJG - 2820 from Ludhiana to Chandigarh route and a fatal accident was caused in which the Motor Accident Claims Tribunal, Ludhiana passed an award of '1,20,000/- with 12% interest in favour of the family members of deceased (Jang Singh). The accident led to registration of FIR No. 181 dated 31.12.1996 under Sections 279, 304-A Indian Penal Code at Police Station Sahnewal, District Ludhiana, however, the Judicial Magistrate Ist Class, Ludhiana acquitted the petitioner in that case vide judgment dated 3.7.1999.