PUNJAB STATE AND ANR. Vs. JASWANT KAUR AND ORS.

JUDGEMENT

(1.) THE State of Punjab has filed this appeal against an award of the Motor Accidents Claims Tribunal under the following circumstances:

(2.) AN entry Exhibit R 1/1 narrating the occurrence was made by one of the passengers in the complaint book in the custody of the bus conductor, Mr. Mohinder Kumar R.W.I. The entry was sighed by 14 bus passengers all of whom were inclined to give a clean chit to the bus driver, Mr. Resham Singh R.W. 2 and to hold the cyclist responsible for the accident. Mr. Data Ram A.W. 1, the chowkidar of the nearby village Mohra, lodged a report with the police within an hour or two. According to this chowkidar and some other witnesses examined by the dependants of the deceased who had filed this claim under Section 110 -A of the Motor Vehicle Act, the accident was due to the rash and negligent driving of Mr. Resham Singh R.W. 2. He was described to have been coming at a very fast speed and to have given very insufficient berth to the cyclist while overtaking him. The case of the bus driver, however, was that the cyclist had suddenly emerged out of a Kacha path (pagdandi) coming from the left side of the road and had tried to cross the road at that point. Because of the sudden appearance of the cyclist right in the middle of the road, the bus driver could - not stop the vehicle in time even though he was going at the normal speed of 25 -30 miles per hour. Mr. Bindra, the learned Counsel for the claimant Respondents had brought to my notice that the bus driver had been challenged by the police under Section 304 -A, Indian Penal Code, and that he had made a confession of his guilt in the Criminal Court. The findings of the Criminal Court would not, however, be relevant in these proceedings in a Civil Court where the question of apportionment of the blame has also to be decided in order to determine the quantum of compensation to be allowed to the dependants of the deceased.

(3.) AS regards the quantum of damages, the deceased was dependent mainly on his land. The land has not been taken away from the dependents but they have been deprived of the person who could effectively utilize it. The deceased who was aged about 55 years of age has left behind widow and six minor children. The eldest child is a son who was about 15 -16 years of age at the time of the accident. It would not be long before he can take to the normal family avocations of cultivation of the land. The income from the land would have one less mouth to feed and it cannot be said that the Respondents' monthly loss would be a two -third share of the income of this land. The learned Tribunal had been pleased to award the Respondents a sum of Rs. 22,950/ - as compensation for the loss of the bread winner of the family, The source of the bread is still with the family and one of the heirs should now be in a position to get the maximum produce possible out of the land. A sum of Rs. 15,000/ - as damages should, therefore; be ample compensation to die family.