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Head Note

Indian Penal Code,1860  - Section 279 , Section 304-A , The Code of Criminal Procedure, 1973  - Section 357 (1)

Reduction in Sentence - Compensation - Challenge as to - Death of 20 year girl by crushing under rear tyre of truck - Held that sentence of mere fine of Rs.40,000/- imposed by the High Court is not adequate and proportionate to the offence -A sum of Rs.3,60,000/- has been awarded as compensation by the insurance company to the heirs of the deceased -Where the accused is unable to pay adequate compensation to the victim or his heir, the Court ought to have awarded compensation under Section 357A against the State from the funds available under the Victim Compensation Scheme framed under the said section - Having regard to totality of circumstances of the present case ends of justice will be served if the accused is required to pay total compensation of Rs.1 lakh and the State to pay a sum of Rs.3 lakhs - On failing of respondent to pay the compensation the sentence awarded by the Court of Session shall stand revived - State of Himachal Pradesh directed to pay interim compensation of Rs.3 lakhs - In case the respondent fails to pay any part of the compensation, that part of compensation will also be paid by the State so that the heirs of the victim get total sum of Rs. 4 lakhs towards compensation - The amount already paid may be adjusted.

Topic(s)-Death by Negligence - Rash and Negligence driving - Compensation enhanced