MUNI RAM Vs. RAMESH KUMAR AND ORS.

JUDGEMENT

(1.) THE sole appellant in this appeal, Muni Ram, sought compensation by filing a claim petition before the learned Motor Accident Claims Tribunal, Jind, after the death of his son, Sant Ram, in a motor vehicle accident on 01.04.1996.

(2.) THE facts, as taken from the judgment/Award of the Tribunal, dated 06.04.1998, are that on the said date, Sant Ram was travelling in a trailer being pulled by tractor bearing registration No. HYF -3270, alongwith one Sumer and Ram Phal. The trailer is stated to have been loaded with sand/earth. The tractor was driven by respondent No. 3, Jai Bhagwan and was owned by respondent No. 4, Lilu Ram.

(3.) COMING back to the claim of the appellant before the Tribunal, he was held to be not entitled to compensation because he was not proved to be dependent on the deceased and further, because, as per the Tribunal, nothing was shown to the effect that compensation can be paid to the father, ignoring the widow, even though she had been proceeded against ex parte. The finding with regard to the appellant not being dependent on his deceased son, was also based on the fact that he has another son, Om Parkash, with whom he was stated to be living, as per his own admission before the Tribunal, while testifying as PW1. Still further, it was held that since the claimant himself was an earning hand with an income of Rs. 2,000/ - per month, there was no dependency on the deceased son and as such, he was not entitled to any compensation at all.