UNION OF INDIA Vs. RASMUNI DEVI

JUDGEMENT

(1.) THE appellants have challenged the judgment and award dated 31.8.2005 passed by the Motor Accidents Claims Tribunal, Jammu in Claim Petition No.19/2003 (for short hereinafter impugned award), whereby an amount of Rs.9,04,000/ - with 6% interest came to be granted in favour of claimants -respondents.

(2.) IN brief the facts are that on 27.11.2002 respondent No.2, namely, Sukhvinder Singh dashed his 7 ton vehicle No.PB08S -9820 against a standing Swaraj Majda of Frontier H.Q. BSF, Jammu and then against a Maruti Gypsy of S.H.Q. BSF, Jammu. Thereafter, he could not control the offending vehicle and drew the same out of the empty area and ran over a group of army personnel standing on the road near a wet canteen and caused injuries to Constable K. S. Sundram, Constable B. Bhuahan Sinha, Constable Babavali and Head Constable Jetinder Bahadur Singh. Head Constable Jetinder Bahadur Singh was declared brought dead by the Doctors at Government Medical College, Jammu.

(3.) THE claimants -respondents being the victims of the vehicular accident filed a claim petition for grant of compensation on the ground that driver Sukhvinder Singh drove the vehicle rashly and negligently and caused the accident and Head Constable Jetinder Bahadur Singh sustained injuries and succumbed to the same. Virtually, appellant No.1, Union of India through Director General, BSF, admitted in para -2 of the objections the factum of accident and the cause of death of deceased. Thereafter, appellant No.2 also admitted the cause of accident, but has pleaded that he was suffering from mental/psychiatric disease.