Punjab-Haryana High Court
Jatinder Kaur & Anr vs Sh. Gurmit Singh Alias Golla Singh & Ors on 11 November, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
PARAMJIT KAUR SAINI
FAO No. 344-A of 1995 -1- 2014.12.05 12:48
I attest to the accuracy and
authenticity of this document
In the High Court of Punjab and Haryana at Chandigarh
Date of Decision: 11.11.2014
1)FAO No. 344-A of 1995
Jatinder Kaur and another
---Appellants
versus
Gurmit Singh alias Gola and others
---Respondents
2)FAO No. 343-A of 1995
Pritam Kaur
---Appellant
versus
Gurmit Singh alias Golla and others
---Respondents
3)FAO No. 345-A of 1995
Gurbax Singh and another
---Appellants
versus
Gurmit Singh alias Gola and others
---Respondents
4)FAO No. 346-A of 1995
Bhupinder Singh
---Appellant
versus
Gurmit Singh alias Golla and others
---Respondents
5)FAO No. 347-A of 1995
Gurbax Singh
---Appellants
versus
Gurmit Singh and others
---Respondents
FAO No. 344-A of 1995 -2-
6)FAO No. 348-A of 1995
Jatinder Kaur and another
---Appellants
versus
Gurmit Singh alias Gola and others
---Respondents
7)FAO No. 349-A of 1995
Jatinder Kaur alias Rimpy and another
---Appellants
versus
Gurmit Singh @ Golla and others
---Respondents
8)FAO No. 350-A of 1995
Jatinder Kaur and another
---Appellants
versus
Gurmit Singh alias Golla and others
---Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
Present: Mr. Sagar Aggarwal, Advocate
for the appellant
None for respondents No. 1 and 2
Mr. R.K.Bishamboo, Advocate
for the insurance company
***
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the Digest?
***
REKHA MITTAL, J.
FAO No. 344-A of 1995 -3- By way of this order, I shall dispose of the aforementioned appeals filed by the claimants to challenge the common award dated 5.5.1994 passed by the Motor Accident Claims Tribunal, Patiala (in short "the Tribunal") dismissing claim applications filed under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") in regard to death of Jasbir Singh, Shanky and Shally (claim filed by Jatinder Kaur), injuries to Jatinder Kaur, death of Harpreet Singh(claim filed by his mother Pritam Kaur), death of Surinder Kaur wife of Gurbax Singh (claimed filed by Gurbax Singh and Jatinder Kaur), death of Krishna Devi(claim filed by Gurbax Singh and Bhupinder Singh), injuries to Bhupinder Singh, death of Rajesh Kumar (claim filed by Seema Rani and others), damage to Maruti car No. DDD- 7908(claim by its owner).
The facts relevant for disposal of the present appeals are that Bhupinder Singh (injured), Surinder Kaur, Krishan Devi, Harpreet Singh, Jasbir Singh, Jatinder Kaur widow of Jasbir Singh, Shanky and Shally sons of Jasbir Singh in Maruti car No. DDR 7098 driven by Rajesh Kumar were going from Patiala towards Dehradun after performing betrothal ceremony of Bhupinder Singh. The car was driven at a moderate speed on left side of the road. When they reached near petrol pump on Patiala Rajpura road, within jurisdiction of Police Station, Sadar Rajpura, truck bearing No. PJP 5425 came from opposite side, driven in a rash and negligent manner and struck against their maruti car and as a result, the car was badly crushed under the truck and occupants of the car sustained serious injuries. Seven of them namely Harpreet Singh, Krishana Devi, Surinder Kaur, Shanky, Shally, Jasbir Singh and Rajesh Kumar (driver) died on the spot. Bhupinder Singh FAO No. 344-A of 1995 -4- and Jatinder Kaur sustained injuries. FIR No. 137 dated 2.9.1991 under Sections 337, 338, 304-A, 427 of the Indian Penal Code was registered in Police Station Sadar, Rajpura on the statement of Mohinder Singh, maternal uncle of Bhupinder Singh, injured.
In the original claim applications filed by the claimants in regard to death of Harpreet Singh, Krishana Devi, Surinder Kaur, Shanky, Shally and Jasbir Singh and injuries sustained by Jatinder Kaur and Bhupinder Singh, Kesar Singh son of Piara Singh was arrayed as respondent No. 1 being driver of the offending vehicle and the offending vehicle was described as truck bearing No. PJP-5423. Later, after about two months of filing of the applications, application was filed for amendment to correct name of the driver, particulars of the offending vehicle and add name of owner of the offending vehicle which was allowed by the Tribunal and as a consequence, Gurmit Singh was arrayed as respondent No. 1 as driver of the offending vehicle. The vehicle is stated to be truck bearing No. PJP 5425 and Chanan Singh son of Karam Singh was impleaded being its registered owner.
Respondents No. 1 and 2 (driver and owner of truck No. PJP 5425) filed their joint written statement seriously contesting claim of the applicants or the accident having been caused by truck No. PJP 5425 driven by Gurmit Singh alias Gola. It is pleaded that the said truck was with the truck union, Patiala on the day of alleged accident. The truck had gone to Zirakpur on 4.1.1991 after making requisite entry in the records of truck union, Patiala. The police of Police Station, Sadar Rajpura falsely involved respondents in the case and accordingly applications were submitted to the FAO No. 344-A of 1995 -5- Senior Superintendent of Police, Patiala and other authorities.
The insurance company, in its separate reply, denied material averments raised in the applications and its liability to pay compensation on the ground that the truck driver was not holding a valid driving licence at the time of alleged accident. It is also averred that if the accident is proved, it was the result of rash and negligent driving of car No.DDD 7908.
The learned Tribunal framed separate issues in all the claim applications but issue No. 1 was common, "whether the accident took place due to rash and negligent driving of Gurmit Singh, respondent No. 1 while driving truck No. PJP 5425".
The learned Tribunal determined issue No. 1 against the claimants and as a result, prayer for assessment of compensation was declined, however, compensation to the tune of Rs. 25,000/- each on account of death of each deceased was awarded under Section 140 of the Act and Bhupinder Singh, injured was awarded compensation to the tune of Rs. 12,000/- for permanent injury suffered by him and the amount was held to be recoverable from Rulda Singh, owner of maruti car No. DDD-7908.
Feeling aggrieved by the verdict of the learned Tribunal, the aforesaid appeals have been preferred by the claimants.
Counsel for the appellants would contend that the learned Tribunal misdirected itself and unnecessarily got swayed for the reason that the claimants made amendment in their applications for correcting name of the driver, particulars of the offending vehicle and adding name of owner of truck bearing No. PJP 5425. Bhupinder Singh, the injured victim whose presence on the spot cannot be doubted in any set of circumstances has FAO No. 344-A of 1995 -6- categorically deposed that the accident was caused due to rash and negligent driving of truck bearing No. PJP 5425 by its driver. Bhupinder Singh was cross examined at length by the contesting parties but nothing tangible and useful could be elicited during his cross examination to doubt his statement that he had seen particulars of the offending vehicle at the time of accident. It is further argued that the appellants cannot be allowed to put to disadvantage merely because their counsel made some typographical mistake while giving particulars of the offending vehicle and its driver as the claimants belong to lower middle class and most of them are illiterate. It is further argued that on the basis of FIR registered at the instance of Mohinder Singh, due investigation was conducted by the police and the offending vehicle and its driver Gurmit Singh were taken in custody long before filing of the claim applications in January 1992 and amendment sought in March 1992 which was eventually allowed by the Tribunal in June 1992.
Counsel for the contesting respondent (insurance company), on the contrary, has supported the award passed by the Tribunal with the submissions that the FIR lodged at the behest of Mohinder Singh does not make reference to the particulars of the offending vehicle much less that of the driver. It is further argued that had it been correct that the accident was caused by truck No. PJP 5425, there was no reason for the claimants to involve truck bearing No. PJP 5423 and its driver Kesar Singh while filing claim applications which were filed about four months after the occurrence. It is further submitted that the learned Tribunal has rightly taken note of glaring discrepancies in the case of the claimants to hold that the claimants FAO No. 344-A of 1995 -7- have failed to prove their case that the accident was caused due to rash and negligent driving of truck No. PJP 5425.
I have heard counsel for the parties and perused the records. Counsel for the parties have fairly conceded that another appeal arising out of the same award, FAO No. 2269 of 1994 titled "Smt. Seema Rani and others vs. Chanan Singh and others" was decided by this court on February 12, 2014 and the findings of the Tribunal on issue no. 1 have been set aside with the observations that the same are erroneous.
The controversy raised in the present appeals is squarely covered by the judgment aforesaid. This apart, the learned Tribunal has misled itself in giving too much weightage to the fact that initially the name of the driver and registration particulars of the offending vehicle were different from the one which were incorporated by way of amendment. Once the Tribunal has allowed amendment by accepting plea of the claimants that the error is the result of typographical mistake, the initial mistake should not have resulted in dismissal of claim applications by brushing aside statement of Bhupinder Singh on oath and it establishes plea of the claimants that accident was caused due to rash and negligent driving of offending truck No. PJP 5425. The presence of Bhupinder Singh on the spot cannot be doubted being one of the victims of the occurrence. Further more, the learned Tribunal has not correctly appreciated evidence led by the respondents wherein it has been established beyond doubt that the offending truck alongwith its driver namely Gurmit Singh @ Golla were taken into custody by the police in November 1991, two months prior to institution of the petitions and few months before the claimants filed an FAO No. 344-A of 1995 -8- application seeking necessary correction. It has also been established on record that driver and owner of the offending vehicle expressed their grievance by submitting applications to the Senior Superintendent of Police, Patiala and other police authorities but their plea in regard to false implication of the offending vehicle was not accepted. Gurmit Singh @ Gola was put to trial for causing accident after due investigation in the FIR registered at the behest of Mohinder Singh. Gurmit Singh did not appear in the witness box to counter statement of Bhupinder Singh, injured-victim and an eye witness to the occurrence, therefore, an adverse inference is to be drawn against the respondents. Keeping in view totality of the facts and circumstances, I have no hesitation to hold that the learned Tribunal has fatally faulted in ignoring evidence on record while returning its findings on issue No. 1. As a consequence, the findings of the Tribunal on issue No. 1 cannot be allowed to sustain and accordingly set aside.
The learned Tribunal did not assess compensation for the reason that issue no. 1 was decided against the claimants. Ordinarily, I would have remitted the matter to the Tribunal for assessment of compensation but as the victims have been deprived of compensation for the past more than two decades and they belong to lower middle class, I have decided to hear the parities on assessment of compensation. FAO No. 343-A of 1995 The deceased was an unmarried 20 years old son of Pritam Kaur, sole claimant in the appeal. There is nothing on record to prove his income. I assess income of the deceased at Rs. 1000/- per month. 50% is deducted towards his personal and living expenses and benefit of increase in FAO No. 344-A of 1995 -9- income to the extent of 50% is allowed owing to future prospects and loss of dependency is calculated at Rs.750X12x18=Rs. 1,62,000/-.
The appellant shall be entitled to an amount of Rs. 25,000/- for loss to estate and Rs. 5000/- for expenses on funeral. The total compensation payable to the appellant comes to Rs,1,92,000/- which shall be paid by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum.
FAO-345-A of 1995 Gurbax Singh, son and Bhupinder Singh, grand son of Krishna Wanti, deceased have preferred the claim application. The deceased was aged about 65 years. In view of value of services as a household lady, I assess loss to the claimants at Rs. 500/- per month. The loss of dependency is calculated at Rs.500x12x7=Rs. 42,000/-.
The appellants shall be entitled to another amount of Rs. 5000/- for expenses on funeral. The total compensation payable to the appellants comes to Rs,47,000/- which shall be payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum. FAO-347-A of 1995 The claim has been preferred in regard to death of Surinder Kaur aged about 45 years and the claimants are her husband and son. The value of her services is assessed at Rs. 1000/- per month. In view of her age, FAO No. 344-A of 1995 -10- multiplier of 14 is allowed in view of judgment of the Hon'ble Supreme Court of India in Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3)RCR (Civil) 77. Hence, loss of dependency is calculated to the tune of Rs. 1,68,000/-.
Gurbax Singh, husband of the deceased is allowed an amount of Rs. 20,000/- for loss of consortium. The appellants are allowed another amount of Rs. 5000/- each for loss of love and affection and Rs. 5000/- for expenses on funeral.
The total amount payable to the claimants comes to Rs. 2,03,000/- which shall be payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum. FAO-349-A of 1995 Jatinder Kaur widow of the deceased has preferred claim in regard to death of Jasbir Singh @ Romi aged about 27 years. There is no clear evidence available on record with regard to avocation of the deceased and his income. Taking a clue from minimum wage available to unskilled labour in the year 1991, I assess income of the deceased at Rs. 1000/- per month. The appellants shall be entitled to increase in income for future prospects to the extent of 50%. After deducting 1/3rd towards personal and living expenses of the deceased, loss of dependency is calculated at Rs. 1000X12x17=Rs. 2,04,000/-.
The widow of the deceased shall be entitled to a sum of Rs. 25,000/- for loss of consortium. The appellant is awarded Rs. 5000/- for FAO No. 344-A of 1995 -11- funeral expenses and Rs. 25,000/- for loss to estate. The compensation payable to the appellant comes to Rs. 2,59,000/-, payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum.
FAO-344-A of 1995 Jatinder Kaur, mother of deceased Shanky aged 04 years has prayed for grant of compensation.
Counsel for the parties are ad idem that compensation to the tune of Rs. 1,00,000/- may be awarded in favour of the appellant. Accordingly, the appellant shall be entitled to compensation of Rs. 1,00,000/- , payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum.
FAO-348-A of 1995 Jatinder Kaur, mother of deceased Shally aged 04 months has prayed for grant of compensation.
Counsel for the parties are ad idem that compensation to the tune of Rs. 75,000/- may be awarded in favour of the appellant. Accordingly, the appellant shall be entitled to compensation of Rs. 75,000/-, payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at FAO No. 344-A of 1995 -12- the rate of 6% per annum.
FAO-346-A of 1995 Bhupinder Singh sustained injuries on his right leg and remained hospitalized, for a period of 15 days, in Rajindra Hospital, Patiala. Dr. R.S.Dhia AW6 was examined to prove that the injured got treatment as OPD patient for a period of one year. The injured suffered disability to the extent of 30%, permanent in nature due to shortening of leg by one inch. He is awarded an amount of Rs. 60,000/- at the rate of Rs. 2000/- per 1% of disability in the light of Division Bench judgment of this Court Ram Kiran Goyal vs. Sub Divisional Engineer, Mechanical and others 2008(2)R.C.R. (Civil) 103.
Keeping in view nature of injuries, extent of disability suffered and period of treatment both as indoor and outdoor patient, the injured is awarded another amount of Rs.40,000/- as consolidated sum for pain and suffering, expenses on special diet, transportation, services of an attendant, loss of income, loss of amenities of life and adverse impact on his matrimonial prospects. The appellant is awarded total compensation to the tune of Rs. 1,00,000/-, payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum.
FAO-350-A of 1995 Jatinder Kaur, injured victim remained hospitalized for a period of 02 days as per document Ex. PW6/2. Keeping in view nature of injuries sustained by her, the period of treatment, she is awarded an amount of Rs. FAO No. 344-A of 1995 -13- 10,000/- in lump sum, payable by the respondents jointly and severally with interest at the rate of 7.5% per annum from the date of filing the petition till realization. If the respondents deposit the amount within 45 days, interest shall be payable at the rate of 6% per annum.
The appeals stand disposed of in the aforesaid terms.
(REKHA MITTAL) JUDGE 11.11.2014 PARAMJIT