- (1.) The conspectus of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that petitioner Constable Bhupinder Singh was working as a Driver in the office of Senior Superintendent of Police (for brevity "SSP"), Faridkot. On 10.11.1987, he was driving the Matador vehicle bearing registration No.PJO-1405 and was on official duty. He was returning from the Civil Secretariat, Punjab, Chandigarh and was going back to Faridkot. As soon as, at about 4.30 P.M., he reached near T. Chowk of Sector 10, in the meantime, a scooter bearing registration No.CHT-4775, being driven by Dr. Gurbinder Kaur Sandhu, came there and the accident had taken place, in which, Sachwant Kaur, 67 years old lady had died and the driver of the scooter sustained injuries. A criminal case was registered against the petitioner, by means of FIR bearing No.463 dated 10.11.1987, on accusation of having committed the offences punishable under sections 279 and 304-A IPC, by the police of Police Station Central, Chandigarh, in which, he was acquitted by the Judicial Magistrate, 1st Class, by way of judgment of acquittal dated 20.2.1991.
(2.) The petitioner pleaded that claimants Dr. Gurbinder Kaur Sandhu, driver of scooter as well as legal representatives of the deceased filed two separate claim petitions under the Motor Vehicles Act, 1988 (hereinafter to be referred as "the MV Act"). The claim petitions were contested on behalf of Punjab State and Govind Ram, IPS, the then SSP Faridkot filed written statement (Annexure P1) in the Court.
(3.) Having completed all the codal formalities, the claim petitions were accepted and the amount of Rs.40,000/- was awarded to Dr. Gurbinder Kaur Sandhu on account of injuries sustained by her in the accident in question and Rs. 18,000/- to Major Kundan Singh etc. LRs on account of death of Mrs. Sachwant Kaur, alongwith interest @ 12% p.a., vide award dated 27.10.1990.;