RAMBHIBEN KARNABHAI GHELIYA Vs. SHAKTISINH PANDUBHAI ZALA

JUDGEMENT

(1.) The appellants-original claimants have taken out this appeal under Section 173 of the Motor Vehicle Act, 1988 with following prayers;

(2.) Facts, as could be gathered from the appeal memo, deserve to be set out as under;

(3.) The entire appeal is required to be disposed of at this stage without any elaborate reasoning, as there is clear error on the part of the Tribunal in considering the age of the deceased to be 60 years, which was based upon the Postmortem report, though, there was Voter I.D. Card available on record being Exhibit no.15, which would indicate the age of the deceased and if it has remained unchallenged, then the same would lend more credence to the claimants' claim for treating the age to be 53 years and not 60 years. The claim petition was under Section 163-A of the M.V.Act and hence structured formula would be applicable.