PREM DEVI Vs. SATISH KUMAR

JUDGEMENT

(1.) Aggrieved with the impugned award dated 09/05/2005, the present appeal has been filed challenging the findings of the Tribunal whereby the claim petition of the appellants has been dismissed. The brief summary of the facts are as under:-

(2.) Counsel for the appellants contends that the appellants have placed on record copy of the FIR as well as the post-mortem report in which name of the appellant No.2 has been clearly shown as father of the deceased. Counsel for the appellants further contends that the appellants are poor and illiterate villagers and, therefore, the minor contradiction which crept in his deposition cannot be given so much credence so as to deny them the compensation amount. Counsel for the appellants further contends that the said daughter Ritu was born on 30.9.2000 and simply due to the fact that the name of the said daughter was not recorded in the ration card issued in 2002, the claim filed by the appellants could not have been dismissed. Counsel further contends that over writing in the health record also cannot be attributed to the appellants. Counsel for the appellants thus, contends that the Tribunal has denied the compensation to the appellants giving undue weightage to the said minor discrepancy.

(3.) Per contra, counsel appearing for the respondent refutes the submissions of counsel for the appellants and contends that it is unbelievable that the father of the daughter who himself entered the witness box would not even know the exact date of birth of the child. Counsel further contends that the appellants failed to prove on record their relation with the deceased child Ritu and, therefore, no infirmity or illegality can be found in the impugned award of the Tribunal.