Constable M.C. Alexander, Lance Nayak Hari Singh and Sub-Inspector M. Ramachandran Pillai were employed with the Central Reserve Police Force (CRPF).On 5.12.1986, all these three officials serving with the 42nd Battalion of the CRPF were deployed at New Delhi, Gole Dak Khana area for controlling the law and order situation.The situation in the area was stated to be tense because the authorities of the nearby Gurudwara wanted to take out procession in connection with the Martyrdom Day of Guru Teg Bahadur and the local authorities were resisting the same.Prohibitory orders under Section 144, Criminal Procedure Code were also imposed in the area.After some negotiations, it appears that Gurudwara authorities were permitted to take out the procession.Because of some incidents in other parts of the city, the processionists were stated to have withdrawn inside the Gurudwara Bangla Sahib.The two companies of the CRPF who were deployed there to control the law and order situation were asked to remain there.The higher authorities of the CRPF belonging to the 42nd Battalion were also present at the spot to avoid any untoward incident.The aforesaid three officials were standing on the pavement with other jawans of the 42nd Battalion.Suddenly a truck bearing No. DHL 4815 belonging to one Ranjit Singh and being driven by one Paramjit Singh (now deceased) and insured with the appellant came at a very high speed from the direction of the main entrance of the Gurudwara Bangla Sahib, took a round of Gole Dak Khana and rammed against the three aforesaid officials and some other CRPF jawans standing on the pavement.It happened so suddenly that no one could move to safety or take any preventive measure to avoid the accident.The vehicle after crushing the jawans rammed against the wall of the Church and came to a halt.As a result of this accident, several CRPF personnel died and received injuries.JUDGMENT S.K. Mahajan, J.Since common questions of law and fact are involved in all these three appeals as well as in the cross-objections, they have been heard together and are being disposed of by this common order.A few facts relevant for deciding these appeals are:Though some of the officials had managed to escape by jumping left or right and thus sustained injuries, but the three above named officials having received severe injuries were taken to the hospital and were declared brought dead.After the matter was investigated an F.I.R. under Sections 302, 307 and 324 of the Indian Penal Code was registered by the police.Alleging that accident was caused entirely due to rash and negligent driving of the aforesaid vehicle by its driver, the legal heirs of the deceased officials filed separate applications claiming compensation for their death caused in the road accident stated to have been caused due to rash and negligent driving of the offending vehicle by its driver.The written statements were filed by both the owner and the insurance company of the offending vehicle.In the written statement they took the plea that the owner had no concern or connection with Param-jit Singh who was driving the vehicle at the time of the accident nor he was in his employment.The Tribunal did not frame any issue but directed the parties to lead evidence on the pleas taken by them in their respective pleadings.Claimants besides producing themselves as witnesses also produced one Ram Lal Joshi, who had retired from CRPF, as a witness in the case.The said Ram Lal Joshi, in his statement before the court stated that he joined CRPF on 1.4.1968 as Head Constable and retired on 30.10.1994 as a Deputy Commandant.He stated that accident took place on 5.12.1986 and he was the seniormost officer of 42nd Battalion at the spot and the same was under his control.He stated that his company was deployed to control law and order situation along with Delhi Police at Gole Dak Khana near the Church and Section 144 of Criminal Procedure Code had also been imposed.He further deposed that suddenly a truck came at a high speed from the side of Gole Dak Khana towards Guru-dwara and rammed against the deceased officials and other jawans standing on the pavement.He stated that the speed of the truck was so high that nobody could move to safety or take any preventive measure, but some of the jawans managed to escape by jumping left or right.He further deposed that three officials who sustained injuries were so badly injured that they died on the spot.They were taken to Ram Manohar Lohia Hospital where they were declared brought dead.According to this witness, the accident took place entirely due to negligence of the driver of the offending vehicle.Despite opportunity, the witness was not cross-examined either by the insurance company or the owner of the offending vehicle.One assistant from the office of insurance company also appeared in court as a witness but except proving the policy of insurance nothing more was said by the said witness.No other evidence was produced either by the owner of the truck or by the insurance company.On the basis of the aforesaid evidence produced before the Tribunal, it came to a finding that even if it was a case of murder, since the driver had no ill-will or any motive against the CRPF personnel and his motive was to act against the authority of the State and not against the deceased officials, it was an accident arising out of use of motor vehicle vis-avis three victims and legal representatives of the deceased would, therefore, be entitled to compensation.After holding that the legal representatives would be entitled to compensation, the Tribunal awarded compensation in their favor.Compensation for the death of Hari Singh, Lance Nayak:The legal heirs of the deceased would also be entitled to interest on the enhanced compensation at the rate of 9 per cent per annum from the date of filing the application till payment.Seven- teen years have passed since the death of the deceased and the family of deceased is in need of money.Appellants are directed to deposit the balance 50 per cent compensation along with enhanced compensation with interest within six weeks from today.On deposit of this compensation with the Tribunal, the respondent/claimants will be entitled to withdraw 20 per cent of such amount and the balance 80 per cent would be deposited in fixed deposit in the names of the claimants in terms of the award for a period of five years.With these observations, these appeals and cross-objections stand disposed of.Copy of the order be given dusty to counsel for the parties.

Sections cited: Section 324 in The Indian Penal Code, Section 307 in The Indian Penal Code, Section 302 in The Indian Penal Code