MUNNI DEVI Vs. PARDEEP

JUDGEMENT

(1.) This application has been filed for condonation of 130 days' delay in filing the present appeal. For the reasons stated in the application, which are found to be sufficient, the same is allowed. The delay of 130 days stands condoned.

(2.) The brief facts necessary for adjudication are that on 21/2/2018, Sonu, aged about 21 years, was travelling as a pillion rider on a motorcycle bearing No. HR-20S-7131, driven by Randhir. When they were proceeding from Kanwari towards Hisar and had reached near the brick-kiln, a dumper bearing registration No. HR-46D-4999, driven by respondent No. 1 Baljit Singh, came from the Hisar side at a high speed, in a rash and negligent manner, and violently struck their motorcycle. Due to the impact, Sonu fell on the road and sustained multiple grievous injuries, particularly head injuries. He was immediately taken to the Government Hospital, Hisar, and thereafter referred to Agroha Medical College, but despite medical care he succumbed on 22/2/2018. FIR No. 67 dtd. 21/2/2018 was registered under Ss. 279, 337, and 304-A IPC at Police Station, Sadar Hisar. The post-mortem report also confirmed that the cause of death was shock and haemorrhage resulting from the injuries sustained in the accident. The appellantmother filed the claim petition seeking compensation of 2,00,00,000.00.

(3.) The learned Tribunal, after examining the testimony of Randhir (PW2), FIR, site plan, mechanical reports, and charge-sheet submitted under Sec. 173 Cr.P.C., held that the accident occurred solely due to the rash and negligent driving of respondent No. 1. Negligence was held proved as the dumper had come onto the wrong side and struck the motorcycle with force. However, while computing compensation, the learned Tribunal disregarded the appointment letter (Ex. P14) and supporting documents related to the deceased's recruitment in the Department of Posts. The learned Tribunal observed that as the deceased had not yet physically joined the post, the joining letter could not be relied upon. It, therefore, assessed the income notionally at 10,000.00 per month treating him as privately employed. After applying multiplier of 18 and deducting personal expenses, the learned Tribunal awarded total compensation of 15,93,700.00 with interest at rate of 6% per annum.