- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned single Judge of the Punjab & Haryana High Court dismissing the appeal filed against the award dated 4.2.2003, passed by the Motor Accidents Claims Tribunal, Chandigarh (in short 'the Tribunal').
(3.) Background facts in a nutshell are as follows: In an accident which took place on 16.11.94 at about 10 p.m. K.C. Aggarwal (hereinafter referred to as 'the deceased') who was sitting directly behind the driver lost his life. Balbir Singh, PW 1 was an eyewitness to the accident. At the relevant time, he was standing in front of Mayur Dhaba near which the accident took place. He categorically deposed that the jeep was coming from Bilaspur side and was going towards Sunder Nagar at a very high speed. It was being driven by the driver in the middle of the road. He also stated that a truck was coming from the opposite side at normal speed. When the truck reached near the jeep, the driver of the jeep applied brakes, but because the jeep was being driven at a very high speed, it came to halt in the middle of the road. The back portion of the truck struck against the right side portion of the jeep. Some persons rushed towards the jeep. In the meantime, the truck sped away from the spot. He categorically stated that the accident occurred due to rash and negligent driving of the jeep driver. The deceased left behind a widow and three children. A claim petition was filed by the widow and the children under section 166 of the Motor Vehicles Act, 1988 (in short 'the Act'). The Tribunal awarded compensation of Rs. 8,48,160 along with interest at the rate of 9 per cent per annum from the date of institution. An appeal was filed before the High Court. It was pointed out that on the death of K.C. Aggarwal, respondent No. 1 widow had been provided with compassionate appointment and she was getting salary of nearly Rs. 4,700 p.m. (basic pay of nearly Rs. 4,700) and a residence was provided to her. The High Court did not accept this plea and observed that quantum of compensation has been rightly fixed.;