Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3640 of 2018 Appellant :- United India Insurance Co. Ltd.
Respondent :- Smt. Haroon And 4 Ors Counsel for Appellant :- Sudhanshu Behari Lal Gour Hon'ble Ashok Kumar,J.
Heard learned counsel for the appellant.
This appeal is filed under section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 09.07.2018 passed by Motor Accident Claims Tribunal/Additional District Judge, Court Room No.16, Meerut in MACP No.977 of 2014.
The sole submission of learned counsel for the appellant- Insurance Company is that the order passed by the Tribunal is incorrect so far as the determining of the age of victim-deceasd Sattar.
Brief facts of the case are that on 12.07.2014 the victim- deceased Sattar was travelling as a pillion rider along with Abhishek on a motorcycle bearing registration No. U.P.-12Y- 1582 and when they reached near village Saifpur, Police Station Bahsuma, Meerut, a car bearing registration No. DL-10 CB- 0471 dashed the motorcycle from the back. On account of rash and negligently driving by the driver of the car the victim- deceased Sattar sustained serious injuries and he died.
In the claim petition, the claimants, who are wife, daughter and mother of the deceased Sarttar claimed that at the time of the accident, the age of victim deceased was 52 years.
While deciding the issue to determine the age of the victim, the Tribunal has considered the evidence namely post mortem report prepared by doctors indicating therein the age of the victim deceased being 48 years at the time of accident.
Based on the aforesaid material, the Tribunal has proceeded and determined the age of the deceased in between 51-55 years.
Learned counsel for the appellant-Insurance Company has submitted that while determining the age of the deceased, the Tribunal has committed the error in ignoring the evidence which adduced before it namely the ration card, the family register and voter ID.
I have gone through the contents of the grounds filed in support of the appeal and the impugned judgment and award of the Tribunal as well as evidence adduced by the appellant Insurance Company. In my opinion, the Tribunal has correctly and rightly proceeded while determining the age of the victim being 51-55 years.
No error is pointed out nor any other point is pressed.The order of the Tribunal is fully justified.
In view of the aforesaid the appeal is dismissed.
The Tribunal is directed to execute the award dated 09.07.2018.
Statutory amount, if any, deposited before this Court shall be remitted to the concerned Tribunal within two weeks for adjustment towards deposits to be made by the appellant for payment to the claimants.
Order Date :- 17.9.2018 A.Kr.*