Smt. Bhagirathi Devi & Others vs Smt. Laxmi Devi & Others

Both the appeals have emerged out from the same judgment and order of the learned Tribunal dated 28.4.2015 rendered in MACT No. 41/2013 hence, are being taken up together for adjudication.

AO No. 253/2015 has been preferred challenging the fastening of the liability on Smt. Laxmi Devi while AO No. 392/2015 has been preferred seeking the enhancement of the award by the dependant of the deceased.

As per averments pleaded in the claim petition Shri Rudra Singh, aged about 57 years, after attaining his duties in the Forest Department in Pithoragarh returned to his place of dwelling at ''Panda'' by the Jeep (as such Jeeps are usually used as a passenger commercial vehicle in the hills) on 18.10.2012 at 05:00 PM. The motorcycle borne a Master Aman Singh Gwetwal, aged about 15 years, dashed him, soon after he got down himself from the jeep. Such jeep was plied from Pithoragarh to ''Jajardeval'', which is a place still away nearly 1 km from ''Panda'' and by the time the motorcycle borne an adolescent hit Mr. Rudra Singh and the jeep had left for its next destination.

As a result, of such accident Shri Rudra Singh was seriously injured inasmuch as he suffered the paratyal borne injuries with the lacerated wound of 6CM X 6.5 CM. He was immediately shifted to the district hospital, Pithoragarh at 6:15 PM where the name of the person brought was got recorded as Master Aman Gwetwal.

Since, the injuries were fatal hence, he was shifted to the higher Medical Centre Krishna Hospital at Haldwani, where he succumbed to the injuries on 07.11.2012 i.e. after almost 19 days of the accident.

FIR was lodged by Smt. Bhagirathi Devi (the wife of the deceased) on 22.10.2012 in the police station Pithoragarh. The matter was investigated and the charge- sheet of Sections 279, 378 & 304-A IPC was submitted against Master Aman Singh Gwetwal. As the age of this motorcycle borne a youth was 15 years (being admitted date of birth 20.11.1997) the Trial proceedings culminated into the acquittal by the learned Juvenile Magistrate extending the benefit of doubt to the accused juvenile culprit.

The claim petition was presented by Smt. Bhagirathi Devi and other three LRs (2 sons and one daughter) claiming the compensation to the tune of Rs. 30,89,388/-, whereagainst the learned Tribunal has granted Rs. 14,52,874/- along with 6% interest.

The learned Tribunal was of the view that the vehicle though was insured with the Oriental Insurance Company but since was being driven by a minor child Master Aman Singh without any driving licence, so, the liability falls upon the motorcycle owner Smt. Laxmi Devi (the mother of Master Aman Singh) as well as Master Aman Singh Gwetwal himself, who by the time of rendering the judgment, attained the age of majority.

Apprehending the fastening of the liability, the petition was contested by Smt. Laxmi Devi along with her son Master Aman Singh cropping up the story in the joint written statement presented by them that the motor cycle wherefor the temporary Registration No.UDLV0777 was allotted being driven by Shri Jeevan Ram (father of Master Aman Singh). He along with Master Aman were going from their nearby residence at ''Suakot'' to ''Jajardeval'' for filling up the petrol tank of the motor cycle but on way to ''Jajardeval'', the petrol completely finished at ''Panda''. So, both went to ''Jajardeval'' to bring the petrol. On return they saw the motor cycle was fallen on the road and beside the motor cycle injured Mr. Rudra Singh was also there. The local people disclosed that Rudra Singh was forced to get down from the Jeep hurriedly by the Jeep driver and as a

consequence, Mr. Rudra Singh hit with the motor cycle and ultimately he was wounded.

It has been argued by the learned senior counsel on behalf of the appellant-Smt. Laxmi Devi that no injury was caused to Master Aman Gwetwal. If the motorcycle borne Master Gwetwal had struck the deceased Shri Rudra Singh then there should have been some injury on the person of Aman Gwetwal as well. He also submitted that when the motorcycle was technically examined by Shri Surendra Singh-PW2 (examined in the criminal case against Mr. Gwetwal) then no dent or any kind of abnormality was found on the frame of such motorcycle. So, this also gives the indication that such accident did not occur with the motorcycle. He has also argued that Master Aman Gwetwal himself took him to Pithoragarh to get Shri Rudra Singh admitted in the district hospital.

In my considered view, I feel that the whole baked version of Smt. Laxmi Devi is a cock and bull story and is a limit of white lie, just has been cropped up to evade the fastening of the liability on them on account of handing over to minor child Master Aman Gwetwal for driving the new motorcycle which by that time of accident could not even be registered permanently in the office of the ARTO. Otherwise, there was no reason that the name of Master Aman Singh was deliberately got recorded in the hospital showing to bring the injured Rudra Singh in the district hospital, Pithoragarh. It was not possible in the presence of his father Shri Jeewan Ram because in the presence of his father Shri Jeewan Ram, it was improbable for a minor child to shift the injured Rudra Singh to the hospital and got his name recorded there. Shri Jeewan

Ram was an ITBP voluntarily retired person. So, the natural course would have been that Shri Jeewan Ram could have taken the injured Rudra Singh to the district hospital.

Since, Shri Jeewan Ram was not present at the spot of the accident at all hence, it is probable that just to earn the sympathy and pacify the assembled people at the spot, motorcycle borne Master Aman Singh took the injured Shri Rudra Singh to the hospital. This by itself does not rule out the complicity of Master Aman Singh in causing this accident.

Further, his acquittal in the criminal court also does not affect the fastening of the liability because firstly he has been acquitted extending the benefit of doubt, ignoring even the dying declaration of Shri Rudra Singh (deceased), who narrated the manner and sequence of the occurrence in the hospital. The learned Magistrate also ignored the evidence of PW1 Smt. Bhagirathi Devi (the wife of the deceased).

This court does not want to make any comment on the merits of that judgment of the criminal trial because in such trial, the accusation must be proved beyond any doubt.

As regards the enhancement of the compensation, I have not been persuaded to take a different view on many factors as has been manifested by the learned Tribunal because after the death of Shri Rudra Singh his one of the sons surely would have got the compassionate appointment in the Government Forest Department, besides getting several benefits like encashment, gratuity, family pension, insurance, arrears of pay etc. to rest of the family members.

In this regard, the law has elaborately been discussed by this court while adjudicating the AO 383/2011 dated 22.7.2016 relying on the judgment of the Hon''ble Apex Court in Bhakra Beas Management Board vs. Kanta Aggarwal & Others reported in 2008 (3) TAC), 661 as well as in the case of Ramprasad Balmiki Jain vs. Anil Kumar Jain & Ors. Reported in 2008 (4) TAC, 385.

In view of what has been set forth above, both the appeals are hereby dismissed.

LCR be sent back.