MANGA SINGH Vs. SH JANARDHAN

JUDGEMENT

(1.) The challenge in the present appeal is to the award of learned Motor Accident Claims Tribunal (Adhoc) Fast Track Court, Ropar.

(2.) Brief facts are that on 24.9.2005 at about 8:00 p.m. Mast Ram (deceased) was driving the Motor Cycle No.PB-05-B-0245 and his friend Subhash Kumar was a pillion rider. When they reached near Shivalik Vihar, Naya Gaon, in the meanwhile a Tractor Trolley bearing registration No. PB-12-F- 9531 came from the side of Naya Gaon in a rash and negligent manner at a very high speed which was being driven by appellant No. 1 and struck with the Motor Cycle as a result of which both the motor cyclists fell down on the road. Deceased received serious injuries and succumbed to the same.

(3.) Learned counsel for the appellants submitted that the age of the deceased in the present case was claimed to be 22 years whereas the age of his parents was claimed to be 37 and 39 years at the time of filing of the claim petition on March 3, 2007, whereas the accident occurred on September 24, 2005, meaning thereby their age was about 35 and 39 years at the relevant time when the accident took place which is not possible as that would lead to the conclusion that the age of the mother at the time of birth of the deceased was merely 12-13 years. That shows that a false claim was put in by the respondents/claimants and the impugned award based thereon deserves to be set aside.