The evidentiary value of pendency of criminal proceedings against the driver and the assessment of compensation based on the deceased's income and other factors.

Harinder Singh Sidhu, J.

The claimants who are the widow, minor son and two minor daughters of deceased Satya Pal Tyagi have filed this appeal against the award dated 4.12.1999 of the Motor Accident Claims Tribunal, Faridabad (for short 'the Trbunal'), whereby, their claim petition has been dismissed.

2. The case of the appellants in the claim petition was that Satya Pal Tyagi had gone to meet one of his friends who was on night duty at Escorts Plant-II. When he reached in front of Escorts Plant-II on 23.6.1997 at about 8:30 AM, a DCM Toyota bus bearing registration No.DL-IV-1081 which was being driven rashly and negligently by Ajay Kumar respondent No.1 came and hit him from behind due to which he received serious injuries and died on the spot. The accident was witnessed by Ranpal and GD Verma. FIR was registered on the statement of Ramesh.

3. The respondents denied the allegations and claimed that no accident as alleged had taken place. It was claimed that respondent No.1 was not the driver of the said bus. On 23.6.1997 one Satish Kumar was its driver.

4. In order to prove the allegations, the claimant examined PW-1 Madan Gopal, Assistant MHC, PW-2 CP Ratra, Senior Superintendent, Escorts Yahma Ltd., PW-3 Smt. Mukesh, PW-4, Ranpal Singh, PW-5, Ram Gopal, Assistant Ahlmed and PW-6, Keshav Ram ASI.

5. The respondents on the other hand examined RW-1 Ajay Kumar, respondent No.1, who tendered in evidence photocopy of his driving licence, Ex. R-3, photocopy of the RC Ex.R-4, photocopy of the Insurance Policy, Ex.R-6.

6. PW-1, Madan Gopal, Assistant MHC, Police Station Central Faridabad proved the FIR No.758 registered on 23.6.1997 under Sections 279/34-A, IPC on the statement of Ramesh.

7. PW-4 Ranpal Singh owner of Printing Press, resident of Sector VIII, Faridabad stated that on 23.6.1997 he had started for his house. On the way he was to meet his friend at Escorts Plant-II. But his friend was there so he started from there at 8 am. He was on his scooter. He observed that from the opposite side bus No.DL-IV-1081 which was being driven by Ajay Kumar came at high speed and struck against Satpal who was coming from Bata side on foot from behind. Due to the accident, Satpal died at the spot. Ranpal stated that he informed to 2 to 4 persons who were present there about the accident and then proceeded towards his village. In his cross- examination, he stated that he did know Satpal earlier. He came to know of his name after 5 to 6 days when he returned to his village and was present at his printing press. He stated that he came to know the name of the driver after two days when he went to the police station to record his statement. He stated that he had gone the police station just by the way and specifically to lodge the report regarding the occurrence. He admitted that at the place of the accident many people were coming and going. He stated that he did know the persons to whom he had mentioned about the accident.

8. PW-6, Keshav Ram ASI affirmed that the name of the driver who was driving the vehicle at the time of accident was Ajay son of Kewal Ram. He had arrested Ajay Kumar on 29.8.1997 and produced him in the court on 30.8.1997. The statement of Ranpal Singh in which the name of Ajay Kumar was mentioned as driver of the vehicle was recorded on 7.8.97. The offending vehicle had been taken into possession but later on released on superdari. In his cross-examination he admitted that in the statement of Ranpal Singh, the name of the driver had been mentioned though the vehicle number had been mentioned. He stated that brother of the deceased had witnessed the occurrence. He stated that he did verify the timing of the vehicle for bringing the workers to the factory but had only inquired about the timings orally and did make any inquiry in writing about it. He stated that he was informed that the vehicle in question brings th