KANTA DEVI Vs. RAMPHAL

JUDGEMENT

(1.) This appeal is directed against the award dated 23.1.2009 passed by the learned Motor Accident Claims Tribunal, Jind whereby he awarded an amount of Rs.3,37,000/- alongwith interest @ 7.5% per annum from the date of filing the petition till realization.

(2.) The facts are that Vijay Kumar since deceased was going to Narwana side from Jind by riding his motorcycle bearing registration No. HR-05J-4967 and was on his correct side of the road. When he reached on Jind-Narwana road, in the area of Uchana Mandi in front of M/s Jangra Engineering Workshop (owned by Jaggu Mistry son of Chattar Singh, Jangra, resident of village Ghoghariyan), in the meantime, a truck bearing registration No. HR-38D-2944 being driven by Ramphal in a rash and negligent manner came from the opposite side and struck against the motorcycle of Vijay Kumar as a result of which he sustained multiple injuries on various parts of his body. In his written statement, Ramphal driver-cum-owner of the truck inter alia pleaded that the accident did not take place on the alleged date, time and place and that a false case has been registered against him. The respondent insurance company in its written statement inter alia pleaded that the driver of the offending vehicle was not holding a valid and effective driving licence on the date of the alleged accident and it was being plied in contravention of terms and conditions of insurance policy.

(3.) The age of the deceased was 38 years at the time of his death in this accident, as per Ex.P-1, the Post Mortem Report. As alleged by the claimants, the deceased was a skilled electrician and he used to do the work of electrician independently in the Industrial Area of Panipat and his monthly income was not less than Rs.20,000/- per month. The learned Tribunal has observed that the deceased was not Diploma Holder in Electrician Trade and that being so, he was taken to be a casual labourer.