Case: Bhakra Beas Management Board Vs. Kanta Aggarwal &amp; Others

3. Background facts in a nutshell are as follows:In an accident which took place on 16.11.1994 at about 10.00 p.m. K.C. Aggarwal (hereinafter referred to as the `deceased) who was sitting directly behind the driver lost his life. Balbir Singh (PW-1) was an eye witness to the accident. At the relevant time, he was standing in front of Mayur Dhaba near which the accident took place. He categorically deposed that the jeep was coming from Bilaspur side and was going towards Sunder Nagar at a very high speed. It was being driven by the driver in the middle of the road. He also stated that a truck was coming from the opposite side at normal speed. When the truck reached near the jeep, the driver of the jeep applied brakes, but because the jeep was being driven at a very high speed, it came to halt in the middle of the road. The back portion of the truck struck against the right side portion of the jeep. Some persons rushed towards the jeep. In the meantime, the truck sped away from the spot. He categorically stated that the accident occurred due to rash and negligent driving of the jeep driver. The deceased left behind a widow and three children.A claim petition was filed by the widow and the children under Section 166 of the Motor Vehicles Act, 1988 (in short the `Act). The Tribunal awarded compensation of Rs.8,48,160/- along with interest @ 9% per annum from the date of institution.An appeal was filed before the High Court. It was pointed out that on the death of K.C. Aggarwal, respondent No.1- widow had been provided with compassionate appointment and she was getting salary of nearly Rs.4,700/- p.m. (basic pay of nearly Rs.4,700/-) and a residence was provided to her. The High Court did not accept this plea and observed that the quantum of compensation has been rightly fixed.

Reasoning: 13. In view of what has been stated above, the High Courts judgment is clearly unsustainable. However, the accident took place more than 14 years back and it would not be desirable to send the matter back to the Tribunal for fresh consideration. A sum of rupees five lakhs has been deposited vide this Courts order dated 1.11.2004. We are of the considered view that in view of the background facts, it is just and proper that the sum of Rupees five lakhs already deposited shall be permitted to be withdrawn by the claimants in full and final settlement of the claim relatable to the death of the deceased. It is for the Tribunal to fix the quantum of fixed deposit and the amount to be released to the claimants.