Unskilled workers’ kin need not submit income proof to claim relief

In normal practice,the lack of an official record of salary would have meant that the accident victim would fall into the category of an unskilled labourer whose income is assessed at Rs 6,000 a month. However,the MACT judge observed that it was commonly known that cobblers,tailors and scrap dealers,due to factors such as illiteracy and generally uncertain income,did not maintain record books,receipts and bill books.

“Though the businesses have continuity and sufficient income is generated,most of the times the exact income is not established for want of proof. In the backdrop of the above,the question emerges as what should be the degree of proof required to prove the income of such workers,” the judge observed.

The court said the law of evidence was not strictly applicable to the proceedings in the way that it is to civil and criminal cases where facts have to be proved beyond reasonable doubt.

“Repeatedly,it is being held in numerous proceedings and is now the sole and spirit of the Motor Vehicles Act that the enactment is made for beneficial purposes and is the benevolent legislation. This being so,the provisions are to be interpreted liberally so as to construe that the maximum benefit is imparted to the needy claimant,” the judge said.

The court observed that a large number of jobs in the unorganised sector are taken by people who simply need to survive. In many cases,this means that they don’t have the opportunity to bargain for better wages or to reduce the terms and conditions of their employment in documentation.

“With this hard reality being known to one and all,the question arises as to whether a person can still be burdened to establish his employment and income only through the documents? By construing it strictly,the entire purpose of setting enquiry will be defeated,” the judge observed. The court thus held that the testimony of the accident victim’s uncle was sufficient proof to show that his monthly income was Rs 10,000.