HALKI BAI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is preferred by the appellants against the award passed by Claims Tribunal.

(2.) AN application for compensation was filed by the appellants and respondents Sarman Singh Kushwah with Bhuri Bai. Deceased Ram Ratan was the husband of appellant No. 1 and father of appellant No. 2. He was the son of respondents Sarman Singh Kushwah and Bhuri Bai. He was travelling in the Tempo vehicle bearing No. CIW 6528, which got overturned due to the rash and negligent driving of its driver, and resulted in the accidental death of Ram Ratan.

(3.) ON evidence, the learned Tribunal found that appellant No. 2 and respondents Sarman Singh Kushwah and Bhuri Bai were entitled to the compensation in 1/3rd share each. With regard to appellant No. 1, the Tribunal held that since the appellant had remarried, she was not entitled to any compensation and had, therefore, disallowed her claim.