RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KAUSHALYA

JUDGEMENT

(1.) This is an appeal filed by Reliance General Insurance Company limited against the award dtd. 20/10/2018 passed by Motor Accident Claims Tribunal, Karnal (later referred to as the tribunal) allowing compensation of Rs.30,05,000.00 for the death of Narender Kumar son of late Shri Madan Lal in a motor vehicle accident with motorcycle bearing registration No.HR-05AK-3640 (later referred to as the offending vehicle).

(2.) Learned counsel for the appellant has assailed the award on two grounds; firstly, the claimants have failed to plead or prove that the accident took place due to rash and negligent driving of the offending vehicle by its driver. While pressing on this point, he has referred to delay of one day in reporting the matter to the police and has argued that the police came to the spot within 10 minutes of accident and no reason has been put forth as to why the FIR was not registered on the date of accident. In the FIR, name of driver of the offending vehicle was not mentioned. It was in the supplementary statement recorded on 16/10/2016, complainant Ashok Kumar disclosed the number of the motorcycle and the name of its driver.

(3.) Secondly, he has argued that income of the deceased was taken as Rs.2,50,000.00 on the basis of income tax return for the financial year 2015-16 instead of taking average income of deceased as shown in income tax return for the financial years 2014-15 and 2013-14.