Subhash Chander And Another vs Rakesh Kumar Bhatia And Another

Kuldip Singh, J

This order shall dispose of above mentioned two connected appeals bearing FAO-4703-2003 titled as Subhash Chander and another Versus Rakesh

Kumar Bhatia and others and FAO-1550-2004 titled as Rakesh Kumar Bhatia and others Versus Subhash Chander and another arising out of the

common award dated 18.7.2003, passed by the Motor Accident Claims Tribunal, Amritsar. For brevity, the facts are being taken from FAO-4703-

2003.

FAO-4703-2003 has been filed for enhancement of compensation awarded by the Tribunal whereas FAO-1550-2004 has been filed by the owner of

the offending truck for setting aside the award dated 18.7.2003, passed by the Tribunal.

Brief facts of the case are that on 9.2.2000 at about 12.00 noon, Sachin Kumar, aged about 21 years, was going on scooter bearing registration No.

DL-75-PO-142 on Jalandhar-Wagh GT road. When he reached near Hussain Pura over bridge in the vicinity of Amritsar, an offending tractor bearing

registration No. PB-02-F-6574 came from behind in a rash and negligent manner. It was being driven by respondent No. 2-Sahib Singh and hit the

scooter of Sachin Kumar. As a result of the accident, Sachin Kumar fell down, sustained injuries and died at the spot.

An FIR No. 25 of 2000 dated 09.02.2002 was registered at Police Station A-Division, Amritsar on the statement of constable Surinder Pal Singh who

happened to be present at the spot. The offending tractor was not insured with any Insurance Company. It was stated that Sachin Kumar was

working as commission agent and earning Rs. 15,000/- per month.

Respondents in their written statement denied the accident. It was not claimed that vehicle was insured.

From the pleadings following issues were framed: -

Whether Sachin Kumar (since deceased) died in a road accident on 09.02.2000 near General Bus Stand, Amritsar caused by Sahib Singh,

respondent No. 2, by driving his tractor No. PB02-F-6574 so rashly and negligently? OPA.

Whether applicants are entitled to the compensation, if so to what extent and from which of the respondents? OPA.

Relief.

Heard, learned counsel for the parties and perused the case file carefully.

First of all I will take up the appeal of Rakesh Kumar Bhatia i.e., FAO-1550-2004 of owner of the offending tractor. It is contended on behalf of the

appellant that the tractor was not involved in the accident. Admittedly, the tractor was not insured. I am of the view that in this case, there is a

credible evidence in the form of statement of constable Surinder Pal Singh who appeared as PW-2, who happened to be present at the spot and

witnessed the accident. He has categorically stated that Sahib Singh was driving the offending tractor in rash and negligent manner and hit the

scooter. The scooterist died at the spot. It was on the basis of the statement of constable Surinder pal Singh that FIR in this case was registered and

matter was investigated. It is not denied that in the investigation, the driver was found involved in the crime and was challaned.

I am of the view that normally the police does not come forward to become the complainant. But in this case, a constable who happened to be present

at the spot came forward to lodge the report. He has no ill will or entity against the owner or driver of the tractor. Therefore, there is no reason to

disbelieve his statement. It was rightly accepted by the Tribunal. Hence, the findings of the Tribunal regarding liability of the owner and driver of the

tractor trolley are affirmed.

Now coming to the compensation part, the deceased Sahib Singh was aged 21 years. The Tribunal, considering that there was no proof that he was

working as commission agent, assessed his income as Rs. 4,000/-. Since his income was assessed as Rs. 4,000/- and the deceased was unmarried,

½ is taken as personal expenses. 40% i.e. Rs. 800/- on account of future prospectus are allowed. Hence, the total dependency of the claimant

comes to Rs. 2800/- per month. Considering the age of the claimant, multiplier of 18 is applied. Hence, the amount of compensation comes to Rs. 2800

X 12 X 18 which comes to Rs. 6,04,800/-. Rs. 70,000/-are allowed under the conventional heads. Hence, the total amount of compensation comes to

Rs. 6,74,800/-. The enhanced compensation shall be paid with interest @ 7.5% per annum from the date of filing of the claim petition till realization.

As such, FAO-4703-2003 stands allowed and FAO-1550-2004 stands dismissed.

A photocopy of this order be placed on the connected file.