RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. SAVITRI DEVI

JUDGEMENT

(1.) It appears from the record that the deceased-Jitender was sitting on the tractor bearing Registration No.HR-13C-9073 on the fateful day driven by Mahesh, who was also the owner of the tractor insured with the appellant-Insurance Company. The license to drive a tractor was valid and the vehicle was injured when the fatal accident took place on 11.02.2016. The tractor was plying on road with men on board when Jitender (deceased) sitting on the mudguard fell to be crushed by the tyre of the trolley. Unfortunately, he died due to injuries sustained in the accident. That is how the case was born.

(2.) Also, an FIR bearing No. 86 dated 12.02.2016, in this regard, was registered at Police Station Jhajjar under Sections 279 and 304-A IPC on a statement made by complainant Ashwani, who was an eye-witness and would later depose in favour of the claimant i.e. the mother of the deceased as PW-2 to support the reconstruction of the incident in the Tribunal by oral testimony of events which lead to the untimely death of Jitender in a fatal motor accident in the prime of youth aged about 27 years as per the postmortem report.

(3.) Though there was no definite proof of income of the deceased, but the deceased appeared to hold the qualification of an ITI Diploma certificate (Ex.P2) with the National Trade Certificate (Ex.P3) to boot. The Motor Accident Claims Tribunal, Jhajjar assessed the monthly income at Rs. 7000/- per month, a sum which I hold does not warrant interference as that would be also the approximate to the minimum wages fixed for manual work per month in the year of death. The multiplier of 17 has been applied with the net income assessed at Rs. 84,000/- (7000x12) out of which half was deducted by the Tribunal as personal expenses of the deceased in relation to his assumed income relying upon the Supreme Court ruling in Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, (2009) 6 SCC 121, which comes to Rs. 42,000/- standardizing compensation packages.