Punjab-Haryana High Court
Smt. Krishna Devi vs Ved Parkash And Others on 17 February, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No.752 of 2010 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.752 of 2010
Date of Decision.17.02.2014
Smt. Krishna Devi ......Appellant
Versus
Ved Parkash and others ......Respondents
Present: Mr. Atul Yadav, Advocate
for the appellant.
Mr. Rajesh Sethi, Advocate
for respondent No.2.
Mr. D.P. Gupta, Advocate
for respondent No.3.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J.(ORAL)
1. The appeal is against the order of dismissal of the petition claiming compensation on an averment that when the deceased was travelling in his motor cycle, a three wheeler bearing registration No.HR-38A/7253 had dashed against him causing him fatal injuries. The eye witness was said to be a person following the deceased on a scooter and he claimed that he chased the offending vehicle to make note of the registration particulars and gave a report to the police. FIR had been registered soon after the accident but the registration number given was HR-38C/4528. At the trial, explanation was given to the discrepancy that the police had recorded the registration number wrongly although correct number had been given. Either way with both Kamboj Pankaj Kumar 2014.02.26 13:59 I attest to the accuracy and integrity of this document Chandigarh FAO No.752 of 2010 -2- these registration numbers, the fact that it was a three wheeler was brought out in evidence. The respondents denied the accident and denied the involvement of the respondents' vehicle. When the claimant had given an explanation for the discrepancy and clearly implicated the 1st respondent as the driver of the three wheeler and the 2nd respondent as the owner of the vehicle with registration particulars, the claimant's case could not have been to wholly discredited for the only fact that there was a discrepancy. If there was no explanation at all for the discrepancy, a different result could follow but here was a situation where the claimant had contended that police had not correctly recorded number but later they had rectified the same in the FIR and prosecuted the criminal case against the 1st respondent.
2. The contention in defence was accepted by the Tribunal and held that the claimant had not proved the involvement of the 1st respondent as the driver and 2nd respondent as the owner of the vehicle with the particular registration number. Learned counsel appearing for the respondents would support the reasoning of the Tribunal by pointing out that the I.O. Was not examined to explain the discrepancy especially when the case trotted out by the claimant was that the eye witness had literally chased the driver of the offending vehicle to note down the registration particulars and in such a situation if it were to be true, the mistake would not have been happened.
3. Though the claimant could have examined the I.O., I will not take this to be a very serious lapse in a situation where the claimant gives explanation making sure a reference to the registration particulars and if none amongst the respondents namely the driver or the owner of Kamboj Pankaj Kumar 2014.02.26 13:59 I attest to the accuracy and integrity of this document Chandigarh FAO No.752 of 2010 -3- the vehicle would take the witness stand to deny the contentions of the claimant then there was no way that the Tribunal could have discarded the evidence given on the side of the claimant. The appreciation of evidence in this case is grossly improper and the Tribunal failed to draw an adverse inference for the non-examination of the most important witness who could be the driver to deny the accident. I set aside the finding of the Tribunal and hold the respondents No.1 and 2 as responsible primarily as the driver and owner and the 3rd respondent as the insurer for the vehicle.
4. The deceased was said to be a youth of 20 years undergoing a training in computer with NIIT. He was said to be also taking down an earning of ` 2400/-. The claimant was only mother, her husband having pre-deceased the son. This was harsh situation for a mother who lost her child who was getting equipped with the computer training and who could have supported his mother for the rest of her life. In a situation where the claimant's husband had also expired, for a person who trains in computer and who could have started his earning, I would take the average income of such a person to be ` 6,000/- per month. I would apply a 50% deduction and take the contribution to the mother as ` 3,000/- and apply of multiplier of 18 to assess the loss of dependence at ` 6,48,000/-. I will also add ` 1 lac for the loss of love and affection for the mother who had lost her son who ought to be adequately compensated than the usual situation where the husband had also expired earlier. I would make a further addition of ` 25,000/- towards funeral expenses and award a compensation of ` 7,73,000/- as payable against the respondents. This amount shall also attract interest @7.5% Kamboj Pankaj Kumar 2014.02.26 13:59 I attest to the accuracy and integrity of this document Chandigarh FAO No.752 of 2010 -4- from the date of petition till the date of payment. The right of enforcement of the claim to the claimant shall be against the insurance company.
5. The award passed by the Tribunal is set aside and the appeal is allowed to the above extent.
(K. KANNAN) JUDGE February 17, 2014 Pankaj* Kamboj Pankaj Kumar 2014.02.26 13:59 I attest to the accuracy and integrity of this document Chandigarh