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2003 Supreme(P&H) 843

S.S.SARON, SWATANTER KUMAR
Jagir Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Swatanter Kumar, J.

1. In this petition under Articles 226/227 of the Constitution of India, the petitioner challenges the very authority and jurisdiction of the Director general of Police, Punjab, to order and direct recovery of half of the compensation amount paid to the claimants in terms of the award of the Motor Accidents Claims tribunal, Hoshiarpur dated 7.1.1997 on the ground that he was driving the vehicle negligently. An answer to this legal proposition is certainly of some importance and of great significance for the State at least.

2. The petitioner was employed in the punjab Police as a driver and constabulary no.618/hrr was awarded to him. He was posted in the Police Lines, Hoshiarpur. According to petitioner, he had 20 years experience as driver of heavy vehicles. On 25.8.1995, the petitioner was put on duty to carry the prisoners from Hoshiarpur to dasuya in terms of the orders of his senior officers. He was driving bus of the Police department being bus No. PB 070 3026. When the bus reached near village Baradari, it met with an accident in which a lady cyclist, named Baldev Kaur, died. As stated by the petitioner, she was going with another lady cyclist Kanw
























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