- (1.) The appeal has been filed by the appellants, who were claimants before the Motor Accident Claims Tribunal (Tribunal for short), Bathinda, for enhancement of the compensation granted to the tune of Rs.1,72,000/- on account of death of Mohan Lal in the accident on 17.7.2000.
(2.) Learned counsel for the appellants argued that the age of the deceased was wrongly taken by the Tribunal whereas according to evidence, he could not have been more than 38/40 years in age as his widow gave his age as 35 years when she appeared in the witness box.
(3.) Learned counsel for the Insurance Company, however, argued that the age was rightly taken by the Tribunal as it was mentioned to be about 50 years in the post mortem report. The age given in the post mortem report, which was not told to the doctor by any relative, would not be proof enough. The widow appearing as a witness gave her age as 35 years while giving her particulars and also stated on oath in the opening sentence that she was the widow of Mohan Lal and her age was 35 years. It is, therefore, taken that the deceased was around 40 years in age and for that reason, multiplier of 15 would be applicable.;