DEVARAM Vs. PRAHLAD SINGH

JUDGEMENT

(1.) THIS appeal is directed against the rejection of the claim petition No. 1340/99 (60/91) filed by the appellant merely on the ground of his non-examination as witness in support of claim.

(2.) LEARNED counsel for the appellant has submitted that the appellant was minor at the time of accident being only 8 years and he could not contest for himself. There was otherwise sufficient evidence on record in the shape of injury report, FIR and X-ray report. Evidence of all other witnesses of the appellant, some of which were his relatives, was also produced. The learned Tribunal while dismissing the claim petition was therefore not correct when it stated that the appellant did not examine himself as a witness in support of his claim petition, nor did produce any other documentary evidence. LEARNED counsel made reference to earlier part of the award whereby the Tribunal itself noted the fact that the appellant Devaram has produced his injury report. It has therefore been prayed that taking note of the fact that the appellant was minor at the time of accident when claim petition was dismissed, he should be provided at least one opportunity to prove his case.