SECRETARY MADAR TERESA EDUCATION TRUST Vs. JAKORI DEVI

JUDGEMENT

(1.) AGGRIEVED by the award dated 6.10.2010, passed by the Additional District & Sessions Judge (Fast Track), Sikar, whereby the learned Judge has granted a compensation of Rs.4,00,000/- along with interest @ 6.25% per annum to the claimants-respondents, the appellant, the owner of the offending vehicle, has approached this Court.

(2.) SHORTLY the facts of the case are that the claimant-respondent No.1, filed a claim petition before the learned Tribunal against the non-claimants No.1 and 2, the owner and the driver of the offending vehicle, for compensation on account of death of her son, Prakash. According to the claimant, the motor accident occurred on 13.03.2007 at about 7AM. The non-claimant-appellant filed written statement and denied the averments made in the claim petition. On the basis of the pleadings, the learned Tribunal framed three issues. Both the parties adduced their evidence, oral as well as documentary. In order to buttress her contention, the claimant-respondent examined two witnesses including herself and submitted certain documentary evidence. Whereas the driver of the vehicle, Bhagirath Singh was examined as NAW-1. After going through the oral and documentary evidence, the learned Tribunal passed the award, as aforementioned. Hence, this appeal before this Court.

(3.) ALTHOUGH, the learned counsel for the appellant has argued that since Smt. Jakori Devi and Nirmal Kumar happen to be the resident of same place, therefore, it can be presumed that they are related to each other. However, such an argument only needs to be uttered to be dismissed. For, there is no presumption in law that those who are living in the same locality are related to each other. In fact, the affidavits of both the witnesses clearly show that whereas Smt. Jakori Devi claims that she is presently residing at village Bharkasali, Tehsil and District Sikar, Nirmal Kumar claims to be a resident of Dhaka Ki Dhani, Tehsil and District Jhunjhunu. Therefore, there is no evidence to prove the fact that Niram Kumar is related to Smt. Jokari Devi. Hence, he cannot be termed as an interested witness.