TARA DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 3rd May, 1989, passed by the learned Presiding Officer of the Motor Accident Claims Tribunal, Jaipur, in case No. 222/1985.

(2.) BRIEF facts of the case are that on 23.3.1986, deceased Bhanwar Pal Singh, and his son Mahendra Pal Singh, were going towards Naharsinghji's Temple from their house on Hero Majestic Bearing No. RNE

(3.) ON the other hand, Mr. Shrivastava, learned Counsel for the respondents submits that in the statement of Kailash, P.W. 3, is the witness of the claimants and he has stated that the age of the deceased was about 50 years at the time of accident so this age should be taken as foundation for the determination of the age. He further submits that the statement of Mst. Tara, have not been corroborated by any other oral evidence. He further submits that the necessary documents relating to the age of the deceased has not been produced by the claimants. Mr. Shrivastava further submits that the age of the deceased should be considered as 50 years and not 47 years.