Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.

Justice Gautam Choudhary noted that the rules and protocols of official business in a private concern are quite different from that of a public sector undertaking or a Government Department.

The Bench added that an adverse inference on the veracity of a witness cannot be drawn merely because he did not appear in the Tribunal after seeking formal permission from the concerned Departmental Head.

The claimants were the appellants who have preferred the appeal for enhancement of compensation under the death of Motor Vehicle Act,  1989 on the ground that the deceased was a qualified professional having completed B.Sc and MBA and was employed as a territorial manager with a salary of Rs. 11,300/-, but the Tribunal decided the compensation on the basis of his income as Rs. 7,000/-.

It was admitted that the deceased was working as Territorial Manager in Marc Sanitation Private Limited. It was submitted by the General Manager that the deceased was working on the monthly salary of ₹ 11,300/- plus a fixed allowance of ₹ 1000/- for the last few months.

The impugned order based the compensation on the lowered salary disbelieving the evidence of the General Manager, merely on the ground that he had come to depose before the Court without taking permission for leaving the headquarters.

"The deceased was a Territorial Manger in a private company which has not been disputed. The General Manager of the company has produced the letter of appointment issued in 2002 showing a consolidated salary of Rs.7000/- per month for the period of his probation of six months. AW 3 has come forward to depose that his current salary was Rs.11,300/- w.e.f. 02.04.2003. Against the above background facts, the claimed salary of the deceased does not appear to be inflated or exaggerated," the Court said.

It re-calculated the compensation on the annual income of Rs. 11,300/- along with annual dependency and future prospects at 40%.

Case Title: Smt. Vibha Sinha & Ors v. The Oriental Insurance Co. Ltd & Anr.

Citation: 2022 LiveLaw (Jha) 19

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