Jaspal Bajwa and Others vs Dalbir Singh and Others

On 27.2.1972 Mahabir Singh Bajwa died in a road accident on the highway between Jalandhar-Batala. He was going on his scooter and from the opposite side truck No. HRA 8617 came which ran him over. He was 44 years of age at the time of death and was working as an Instructor in Civil Defence, getting monthly salary of Rs. 469.90. He left behind widow and two minor children aged 6 and 5 years.

The widow and the minor children of the deceased filed a claim application against Dalbir Singh owner and driver of the truck and also against the Oriental Fire and General Insurance Company Ltd. with which the truck was insured.

The Tribunal vide award dated 18th August, 1977 held that the accident took place on account of the negligence of the truck driver and the deceased. In this manner half of the damages to the tune of Rs. 22,500/- were awarded. Since lump sum was being paid the amount was reduced to Rs. 20,000/- . The widow and the children came up in appeal to this Court, in which the insurance company filed cross-objections.

A learned single Judge of this Court by judgment dated 17th February, 1982 upheld the contributory negligence of the deceased and the truck driver and found that reasonable compensation has been awarded and thus dismissed the appeal and the cross-objections. This is claimants'' Letters Patent Appeal.

After hearing the Learned Counsel for the parties and on perusal of the record, we are of the view that the deceased could not be held guilty of contributory negligence. At the time of accident, he was well on his side of the road. The reasoning which prevailed with the learned single Judge that he should have been more careful to go over to the kacha side of the road to save the accident does not appeal to us. The deceased was to take reasonable care to avoid the accident and not that he was to be extra careful. The truck has been found to be in the centre of the road and if it had been driven on its left side, the accident would not have taken place. Accordingly, we reverse the finding of the learned single Judge and that of the Tribunal in this behalf and hold that the accident took place solely due to the negligence of the truck driver. In view of the aforesaid finding, the entire liability has to be put on the driver and owner of the truck and as a consequence on the insurance company with which the truck was insured.

From the pay of the deceased it can be inferred that the claimants had dependency of Rs. 250/- per month and if multiplier of 15 years is allowed, the compensation would come to Rs. 45,000/- . We order that the claimants are entitled to the amount of Rs. 45,000/- . On this amount the claimants would be entitled to interest at the rate of 6 per cent per annum with effect from the date of filing of the claim application till the decision of the learned single Judge, that is, 17.2.1982, and with effect from 18.2.1982 the claimants would be entitled to interest on the amount of Rs. 45,000/- at the rate of 12 per cent per annum till realization. Since the time of accident, 16 years have gone by and in this period the widow of the deceased would have spent the amount in bringing up the minors. Accordingly, we order that the balance compensation and interest should be paid to the widow of the deceased with costs of this appeal, which are quantified at Rs. 500/- .