SHOBHA Vs. DAYARAM

JUDGEMENT

(1.) .This appeal has been preferred by the appellants challenging the part of the order passed by the learned Claims Tribunal, whereby it has allowed 1/5th share from the amount of compensation to be paid to respondent No. 4, Dataram son of Pohap Singh.

(2.) THE learned counsel Shri Pradeep Shrivastava appearing for the appellants has submitted that respondent No. 4 Dataram is not the son of Pohap Singh, and as such, the learned Tribunal has wrongly awarded 1/51h share of the amount of ·compensation to Dataram.

(3.) THE learned Tribunal considered the evidence led by the parties and in that regard, the Tribunal has also considered the revenue records and the order passed by the revenue Court. Wife of Pohap Singh, namely Devliya had died in the accident. The appellants claim themselves to be the sons and the daughter of Pohap Singh. The learned Tribunal also considered the fact that the funeral and other last rites and rituals of deceased Devliya were performed by respondent No. 4 Dataram, and in the light of the evidence, the Tribunal found that Dataram being the son of Devliya and Pohap Singh was entitled to an equal share with that of the appellants. The findings of facts arrived al by the learned Tribunal have not been shown to be perverse or based on an approach, which is not according to law.