Mohd. Sattar Shekh vs Vibha Mishra - 2023 Supreme(All) 2174

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2174

JASPREET SINGH
Mohd. Sattar Shekh – Appellant
Versus
Vibha Mishra – Respondent

Advocates appeared:
For the Appellant : Gulam Mustafa, Afrin Bano, Aviral Raj Singh, Mohd. Nasir, Mohd. Yasir, Rahul Kumar Srivastava, Ziauddin Khan.
For the Respondent: Shyam Charan Dixit.

Table of Content
1. introduction of case and procedural background. (Para 1 , 2)
2. dispute over deceased's age and document submission. (Para 3 , 4)
3. court's reasoning on age evidence and findings. (Para 5 , 6 , 7)
4. conclusion on the dismissal of appeal. (Para 8 , 9 , 10)

JUDGMENT

Jaspreet Singh, J.

Heard Shri. Aviral Raj Singh, learned counsel for the appellant and Shri. Shyam Charan Dixit, learned counsel for the claimants-respondents.

2. By means of the instant appeal preferred under section 173 of the MOTOR VEHICLES ACT , 1988, the appellant assails the award dated 31.10.2018 passed in Claim Petition No.350 of 2016, whereby the M.A.C.T./Additional Sessions Judge, Court No.8, Lucknow in a death case has awarded a sum of Rs. 12,25,375/- along with 6% interest per annum in favour of the claimants respondents.

3. A solitary point for challenge to the award, has been raised by learned counsel for the appellant is that the claimants respondents stated that the deceased was 47 years old. However, no material was brought on record to substantiate the aforesaid fact. It is further submitted that despite specific questions having been put to PW-1, who was widow of the deceased during her

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