PUNJAB ROADWAYS, AMRITSAR Vs. JOGINDER KAUR

JUDGEMENT

(1.) Jasbir Singh, a Constable in the Punjab Police was killed in an accident. He was killed by respondent No. 10 who was in the employment of the Punjab Roadways. The vehicle bearing No. PBA-8722 hit the deceased when he was standing on the footpath killing him at the spot. The occurrence was witnessed by Santa Singh, P.W.2 and Balbir Singh, P.W.3. Both of them in unequivocal terms stated that Jasbir Singh was standing on the footpath when the offending vehicle went on the footpath and ran over Jasbir Singh who died at the spot. The driver of the vehicle after the accident ran away. They tried to chase him but did not succeed in catching hold of him. The widow, sons and daughters of the deceased filed an application under Section 110-A of the Motor Vehicles Act which was allowed by the Motor Accident Claims Tribunal, Amritsar and the Tribunal awarded a sum of Rs. 1,34,400/-. The amount was to carry interest at rate of 12% per annum from the date of the application till realisation. Punjab Roadways and the State of Punjab has challenged the order of the learned Motor Accident Claims Tribunal, Amritsar.

(2.) No meaningful argument could be advanced by the learned counsel for the appellants either on the quantum of compensation or that the deceased was killed due to the rash and negligent driving of the buy belonging to the Punjab Roadways. The learned Motor Accident Claims Tribunal on appraisal of the entire evidence gave a firm finding of fact that Jasbir Singh was killed due to rash and negligent driving of the bus by Surjit Singh driver belonging to the Punjab Roadways. On the quantum of compensation, the learned Judge found that the deceased was getting a salary of Rs. 900/- per mensem and held that he was contributing Rs. 700/- per mensem towards the maintenance of his family. The deceased was 42 years of age at the time of accident and the normal span of life in India is 70 years and applying the multiplier of 16 years he awarded compensation in the sum of Rs. 1,34,400/-. The same award is just and fair. I uphold the award of the learned Motor Accident Claims Tribunal Amritsar, and dismiss the appeal filed by the State. However, I leave the parties to bear their own costs.