IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. F.A.O. No. 347 of 1989 Date of Decision: 10.12.2008 Shrimati Sundari Bai and others. ....... Appellants through Shri Ravi Sodhi, Advocate. Versus Satnam Singh and others. ....... Respondent no.1 through Nemo. Respondent nos. 2 and 3 through Shri O.P.Sharma, Addl.Advocate General, Haryana. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers 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? .... Mahesh Grover,J. This appeal is directed against award/ judgment dated 10.1.1989 passed by the Motor Accident Claims Tribunal, Sirsa (for short, `the Tribunal') in M.A.C.T. No. 3-MACT of 6.5.1987. Sawan Dass lost his life in a motor vehicular accident which took place on 3.4.1987. A claim petition was filed by his widow and four children, who prayed for grant of compensation on account of his death. After appraisal of the entire evidence on record, the Tribunal came to the conclusion that the claimants had failed to prove the accident F.A.O.No.347 of 1989 -2- .... and as a result thereof, the claim petition was dismissed. Hence, this appeal. Assailing the finding of the Tribunal, learned counsel for the appellants pointed out from the record that the driver of the offending vehicle had been challaned by the police and he had faced the criminal prosecution for casing the death of Sawan Dass in an accident. That apart, reference was made to the testimony of PW5-Radha Krishan and PW6- Harbhagwan, who are independent witnesses allegedly travelling in the same bus when the accident occurred and who testified to the effect that the accident had, indeed, taken place. To establish his bona fides, PW5 also produced the ticket of the bus implying thereby that he was a passenger in it. On the strength of the above, it was contended that these pieces of evidence were sufficient to establish the fact that an accident had been caused by the driver of the offending bus and that the death of Sawan Dass was caused therein. On the other hand, learned counsel for respondent nos. 2 and 3 contended that there was no evidence to suggest that the accident had taken place with the offending bus and there was a huge discrepancy in the time of the accident as reported in the F.I.R. and as stated by the claimants and other witnesses and, therefore, the finding recorded by the Tribunal on this issue does not warrant any interference. It was further pointed out that the driver of the offending bus had since been acquitted of the charges against him by the Court of competent jurisdiction. F.A.O.No.347 of 1989 -3- .... I have thoughtfully considered the rival contentions and have perused the record. There is no denying the fact that a report under Section 173 of the Cr.P.C. had been submitted to the Court on the basis of an independent investigation carried out by the police. There is nothing on record to suggest that the driver had protested against his false implication. Even it it were to be so, even then some credence has to be lent to the investigation carried out by the police on the basis of which, prima facie, the culpability of the driver has been established forcing him to face the criminal charges against him. It is also to be noticed that the proceedings before the Motor Accident Claims Tribunal are merely in the nature of an enquiry and strict proof has not to be searched by it as would be done by a Court while answering the criminal proceedings which would look for proof and evidence that would establish the culpability of an accused beyond any shadow of doubt. For the purposes of enquiry, it is sufficient to hold and infer that the accident had been caused if a driver of a vehicle was challaned by the police on the basis of investigation against which there is no demur. I am, therefore, of the opinion that the accident in question stands established. Besides, the evidence of PW5-Radha Krishan cannot be brushed aside lightly as he has established that he was a passenger in the offending bus when he produced the passenger ticket for the same. He has not been shown to be an interested witness and, therefore, in the normal course, it would have been sufficient to accept his testimony considering the F.A.O.No.347 of 1989 -4- .... nature of the proceedings before the Tribunal. Accordingly, the finding of the Tribunal on this aspect of the matter is set aside and it is held that the accident in question had, indeed, taken place with the offending bus being driven by respondent no.1-Satnam Singh. The facts also reveal that the deceased was going on a bicycle and it was apparently a case of hit and run on which the conduct of respondent no.1 can, at best, be termed to be highly irresponsible. Negligence can, therefore, be inferred from these facts and, accordingly, it is held that he was also negligent in causing the accident. In so far as the compensation to be awarded to the appellants is concerned, it is to be seen from the testimony of PW1-Gobind Ram, Head Clerk in Rori Division, Sirsa, that the deceased was working as a Mate and was drawing a salary of Rs.961/- per month. At the time of his death, Sawan Dass was 51 years of old as his date of birth was given as 1.7.1937 by this witness and, therefore, he would have retired in the year 1997 after attaining the age of 60 years. Having regard to the aforesaid, the income of the deceased is assessed at Rs.965/- per month, after rounding off his salary of Rs.961/-. He was survived by his widow and four children. One daughter was minor and rest of the children were major. In this view of the matter, 1/4th of his income can be deducted on account of personal expenses. Thus, the dependency comes to Rs.723/- per month, i.e., Rs.8676/- per annum. The age of the deceased was 51 years at the time of his death. F.A.O.No.347 of 1989 -5- .... In view of this, the multiplier of `11' would be just and appropriate which is also in accordance with the Second Schedule of the Motor Vehicles Act,1988 which is a guiding factor. In this way, the compensation works out to Rs.95436/-. A sum of Rs.20,000/- is also awarded on account of funeral expenses and loss of estate, consortium etc. Accordingly, the widow and minor daughter of the deceased are held entitled to receive a sum of Rs.1,15,436/- as compensation along with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of realisation. Respondent nos. 1 to 3 shall be jointly as well as severally liable to pay the compensation and interest to the widow and the minor daughter of the deceased. In the result, the appeal is accepted in the aforementioned terms and the impugned award/judgment is set aside. December 10,2008 ( Mahesh Grover ) “SCM” Judge