UNION OF INDIA Vs. SHAHA (MST )

JUDGEMENT

(1.) IT seems that respondents have presented a claim petition titled Mst Shaha and others v. Union of India and another before Motor Accident Claims Tribunal Pulwama, the womb of which has given birth to the present appeal, whereby appellants have assailed the award/judgment dated 28th of May 2002 passed by Presiding Officer Motor Accident Claims Tribunal Pulwama.

(2.) BACKDROPS of the case is that respondents have claimed compensation to the tune of Rs. 11,30000/ - against the appellants/respondents on the ground that on 3rd of January 1994, Muma Bhat deceased became the victim of vehicular accident, which was caused by respondent No.2, while driving vehicle of the respondent No.1 rashly and negligently at Awantipora National High way.

(3.) THAT the Motor Accident Claims Tribunal awarded rupees two lacs in favour of the respondents/ claimants and saddled the liability with the appellants. Feeling aggrieved of the said award the appellants have assailed the said award by the medium of this appeal, on the grounds which can be precisely and aptly enumerated as under: i) That the award has been passed without considering the written statement of the appellants; ii) That Motor Accident Claims Tribunal presumed age of the deceased sixty years at the time of death and applied the multiplier wrongly. Heard. Ld. Counsel for the appellants projected the following two points; i) The Tribunal cannot presume the age of the deceased.It was the duty of the claimants/respondents herein to prove that what was the age of the deceased. ii) Even assuming that the age of the deceased was sixty years at the relevant time even then the multiplier five should have been applied instead of multiplier eight.