New Delhi: Farmers would be considered as
skilled workers and insurance companies cannot reduce the
compensation under the Motor Vehicle (MV) Act on the ground
their work required no formal education, a Delhi court has
said.
"It (farming) is rather the skill and the knowledge of
the ancestors which is handed down from one generation to
another. Though each farmer of this country may not be
educationally qualified as yet and it may yet be a dream, but
that does not mean he is not skilled for tilling his fields,"
the court said.
Presiding Officer Motor Accident Claim Tribunal Swarana
Kanta Sharma said holding the view that the farmers were not
skilled workers would tantamount to not extending the due
respect and recognition to them as to be a farmer did not
require having a formal degree in Agriculture Science.
"The farmers, who produce food for us from mother earth,
if they cannot be considered skilled, then I wonder who else
can be? Therefore, while deciding the case, I will consider
the petitioner, who is a farmer by profession, to be skilled
to assess the loss of wages," the judge said.
The court rejected the contention of Bajaj Allianz
Insurance Company Ltd and granted a compensation of Rs 2.02
lakh to Ram Snehi Lal, 60 who was injured in an accident with
a car and suffered a partial disability.
Lal sustained injuries as a pillion rider while Avdhesh
died on the spot after their motorcycle was hit in the
accident near Anand Vihar here on November, 17, 2008, by a car
which was being driven in a rash and negligent manner.
In its order, the court also granted a compensation of Rs
11.87 lakh to family members of Avdhesh, 34, who worked in a
shoe company and earned Rs 8,000 per month.
The court held that the accident in the case took place
due to rash and negligent driving of the car by Lalit and
directed the insurance company to pay the amount to Lal and
family members of Avdhesh.
PTI
