SUNITA DEVI Vs. HAWA SINGH

JUDGEMENT

(1.) THERE is a delay of seven days in filing the Appeal.

(2.) FOR the reasons stated in the Application, the same is allowed. The delay of seven days in filing the Appeal is condoned.

(3.) THE only contention urged at the time of hearing the Appeal is that it was established before the Motor Accident Claims Tribunal (the Claims Tribunal) that the deceased was a tempo driver. In fact, at the time of accident, the deceased was driving tempo No.DL-1G-1659 which met with an accident resulting into fatal injuries to him. It is urged that the First Appellant's testimony that her husband was earning Rs.8,000/- per month ought to have been believed by the Claims Tribunal to award the loss of dependency.