RELIANCE GENERAL INSURANCE COMPANY LTD Vs. SONALI JAIN

JUDGEMENT

(1.) THE Appellant Reliance General Insurance Company Limited impugns a judgment dated 06.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.9,94,100/- in favour of Respondents No.1 to 3 for the death of Pramod Kumar, it directed the Appellant to pay the compensation in the first instance with a right to recover the same from the Insured.

(2.) THE following contentions are raised on behalf of the Appellant:-

(3.) I have before me PW-1 Sarjeet Singh Thakur's testimony. In para 14 he testified that deceased Pramod Kumar was working as a driver with him. He was paying him a salary of Rs.7,000/- per month. This part of PW-1's testimony was not challenged in cross-examination. Although, Respondent No.1 Sonali Jana could not produce any proof with regard to deceased's income, yet in the absence of any challenge to PW-1's (the deceased's employer's) testimony regarding payment of salary to the deceased who was working as a driver with him, the Claims Tribunal ought to have accepted the deceased's income as Rs.7,000/- per month. Even without an addition towards future prospects, the loss of dependency comes to Rs. 9,52,000/- (Rs.7,000/- x 2/3 x 12 x 17).