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2011 DIGILAW 822 (RAJ)

Sovani v. Chain Ram

2011-04-26

VINEET KOTHARI

body2011
Hon'ble Dr. KOTHARI, J.—Heard learned counsel for the appellants. 2. This appeal has been filed by the claimants-appllant, who are legal heirs of deceased lady of 75 years of age, who died in an accident which took place on 27.03.2007, as she was hit by a tractor No.RSJ-8812 including Trolley registered as RJ-27-EA-216; and according to impugned award, when said deceased Smt. Devli Bai resident of Dheerji-ka-Guda suddenly crossed the road and in that process she was hit by said tractor and unfortunately died. 3. Learned Tribunal discussing the relevant evidence has found that old lady of 75 years could not be held to be having any earning capacity and, therefore, the dependents cannot be said to be dependent upon her income and no compensation under the head of loss of dependency could be estimated. However, for the loss of compensation for the five legal heirs, who are appellants before this Court, learned Tribunal has awarded Rs.5000/- for each and Rs.5000/- for expenditure incurred on the last rituals. Thus an award of Rs.30,000/- has been awarded by the learned Tribunal. 4. Considering the submissions made at the bar and looking to the facts and circumstances of the case, this Court is satisfied that learned Tribunal has rightly considered the facts and evidence available on record and thus the compensation awarded to the claimants-appellants is just & proper and adequate, therefore, the impugned award dated 20.10.2010 requires no interference by this Court. 5. Accordingly, the present appeal being devoid of any merit fails and the same is hereby dismissed. No costs. A copy of this order be sent to Tribunal and the respondents forthwith.