SOVANI & ORS Vs. CHAIN RAM & ORS

JUDGEMENT

(1.) 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.