2009 Supreme(Raj) 2452
MAHESH BHAGWATI
Om Prakash – Appellant
Versus
Pooranmal – Respondent
For the Appellant:K.N. Tiwari, Advocate.
For the Non-Respondents:Dhananjay Bhardwaj on behalf and Vizzy Agrawal, Advocates.
JUDGMENT
1. - Being dissatisfied with the amount of compensation under the award dated 10th July, 2001 rendered by Motor Accident Claims Tribunal, Jaipur, the Appellant has preferred this appeal for enhancement of the quantum of compensation.
2. In this case, Smt. Lada the wife of the claimant-Omprakash, was going by a Tractor No. HYT-1348 on 28th August, 1997 for doing the work as a labourer to Vaishali Nagar, Khatipura, Jaipur, the driver of the Tractor drove it rashly and negligently, as a result of which Smt. Lada fell from the Tractor and came under its wheel, resulting into her death on the spot.
3. Heard the learned Counsel for the parties and carefully perused the relevant material on record.
4. Having considered the submissions made at the bar and carefully scanned the impugned award, it is noticed that the deceased Smt. Lada was only 20 years old at the time of death. Her husband Omprakash was also 23 years of age at that time. She was issue-less, having no son and no daughter. Thus, she left no dependency behind and the claimant-husband Omprakash who was only 23 years of age cannot be said to have been dependent on her. Even if we admit the argument of the learned Counsel f
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