JUDGMENT :

ALKA SARIN, J.

1. The present appeal has been filed by the claimant-appellants challenging the award dated 24.03.2008 passed by the Motor Accident Claims Tribunal, Jind (hereinafter referred to as the ‘Tribunal’) whereby the claim petition filed by the claimant-appellants on account of death of their brother, namely, Subhash @ Tasa (hereinafter referred to as the ‘deceased’), was dismissed.

2. Since the facts, as recorded in the impugned award passed by the Tribunal are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. Learned counsel for the claimant-appellants would contend that the claim petition was dismissed by the Tribunal only on the ground that the claimant-appellants are the real brothers of the deceased, who was unmarried and 35 years of age. It has been held by the Tribunal that the claimant-appellants are both married and have their own children and hence, they could not be held to be dependent on the deceased and, as such, they are not entitled to claim any compensation. Learned counsel for the claimant-appellants would further contend that even if the brothers were not entitled to compensation on account of death of the deceas