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2022 Supreme(Raj) 441

Resham W/o Abhay Singh – Appellant
Versus
Dhara Singh S/o Vishram – Respondent


Advocates Appeared:
For the Appellants : Mr. Raunak Dixit for claimants.
For the Respondents: Mr. Hari Krishan Sharma.

JUDGMENT :

1. Both the misc. appeals arise out of a common judgment, hence same are being decided together.

In Civil Miscellaneous Appeal No. 2601/2015

2. Instant appeal has been preferred by the appellant-claimants against the judgment and award dated 10.04.2015 passed by the Motor Accident Claims Tribunal, Gangapur City (Rajasthan) (for short 'the Tribunal') in MAC case No.40/2011 whereby claim petition filed by the claimants-appellants was allowed and a sum of Rs.3,90,000/-was awarded as compensation on account of death of Mahesh in the accident which occurred on 12.02.2011.

3. Learned Tribunal after framing the issues and evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants and awarded compensation to the tune of Rs. 3,90,000/-under various heads in favour of the claimants.

4. Learned counsel for the appellants-claimants submits that at the time of the accident, the age of the deceased was 25 years. He further submits that though in the claim petition, the age of the deceased was mentioned as 23 years but in the

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