JAGBIR SINGH & ORS. versus GENERAL MANAGER, PUNJAB ROADWAYS & ORS.

Citation: [1986] 3 S.C.R. 1095 · Decided: 24-10-1986 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Disposed off
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Judgment (excerpt)

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.,. 
JAGBIR SINGH & ORS. 
v. 
GENERAL MANAGER, PUNJAB ROADWAYS & ORS. 
, 
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OCTOBER 24, 1986 
IR.S. PATHAK AND V. KHALID, JJ.J 
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Motor Vehicles Act, 1939: ss. 110, IJOA, JJOB and JJOCC-
Motor accident claim-Quantum of compensation-Determination by 
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~ Tribunal-Validity of-Rate of interest-Entitlement of the claimant. 
A State Roadways bus met with an accident resulting in the death 
of three persons. On an application being filed on behalf of one of the 
... 
persons, the Motor Accident Claims Tribunal awarded a compensation 
of Rs.93,600 to the widow and the minor children of the deceased, with 
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interest at 6 per cent per annum. 
The claimants as well as the State appealed to .the High Court, 
which dismissed the claimants' appeal, and partly allowed the appeal 
by the State."While. holding that the accident was C?nsed by the rash and 
negligent act of the driver of the bus, the High Court reduced the 
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compensation to Rs. 79,200 but confirmed the award of interest made by 
the Tribunal. 
In the special leave petition it was contended for the petitioners-
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claimants that'they were entitled to an even greater arn~unt of compen-
sation on account of the different sources of income arising to the 
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deceased. 
Disposing of the special leave pebtion, the Court, 
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HELD: The High Court erred in reducing the quantum of corn-
pensation awarded by the Tribunal. There was sufficient material on 
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the record to justify the quantification determined by the Tribunal and 
there was no reason why the amount should have been reduced. The 
amount of compensation assessed by the Tribunal should, therefore, be 
maintained. I 1097B-D] 
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The" petitioners are entitled to interest at 12 per cent per annum 
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1095 
1096 
SUPREME COURT REPORTS 
[1986] 3 S.C.R. 
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from the date of the application for compensation to the date of 
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payment. [1097FJ 
Narchinva V Kamat & Anr. Etc. v. Alfredo Antonio Doe Martins 
& Ors., AIR 1985 SC 1281 and Smt. Chameli Wati & Anr. v. Municipal 
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Corporation of Delhi & Ors., AIR 1986 SC 1191, referred to. 
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CIVIL APPELLATE JURISDICTION: Special Leave Petition 
(Civil) No. 2023 of 1983. 
From the Judgment and Order dated 26.8.82 of the High Court 
of Punjab & Haryana in L.P.A. No. 1172/82. 
Hardev Singh and R.S. Sodhi for the Petitioners. 
The Order of the Court was delivered by 
PATHAK, J. This case has been pending in this Court for some 
years. On November 21, 1983 we directed issue of notice on the special 
leave petition. Almost three years later, on August 11, 1986 when the 
case was taken up it was found that the respondents had not entered 
appearance yet and CO!)sequently notice was directed to issue afresh, 
indicating this time that the case would be decided on the merits of the 
controversy itself between the parties. On the la tier date when no one 
appeared for the respondents, the case was adjourned for two weeks 
again to enable the respondents to enter appearance. Thereafter on 
September 22, 1986 an order was made for the last time directing issue 
of notice to the respondents returnable on October 20, 1986 and in-
timating ihat the special leave petition would definitely be taken up on 
that date for final disposal on the merits of the case. It was made clear 
that the case would not be adjourned on any account. We find that the 
·respondents continue to be absent. No reason has been shown for their 
absence, and in the circumstances we proceed to dispose of the case. 
A bus belonging to th-e Punjab Roadways met with an accident 
on February 13, 1971, which resulted in the death of three persons. 
One of those persons was Balbir Singh. An application was filed by the 
petitioners, who are the widow and minor children ofBalbir Singh, for 
compensation before the Motor Accident Claims Tribunal. By an or-
der dated October 23, 1975 the Tribunal held the claimants entitled to 
compensation in the sum of Rs.93,600 with interest at 6 per cent per 
annum. Dissatisfied with the order, the claimants as well as the State 
JAGBIR SINGH v. PUNJAB ROADWAYS [PATHAK, J.] 
1097 
Government appealed to the High Court of Punjab and Haryana. The 
High . Court dismissed the appeal filed by the claimants and partly 
allowed the appeal by the State. The High Court, while holding that 
the accident was caused by the rash and negligent act of the driver of 
the bus, reduced the compensation to Rs.79,200 but confirmed the 
award of interest made by the Tribunal.
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