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CHHATTISGARH HIGH COURT
*I. M. Quddusi, Prashant Kumar Mishra, JJ.
Durgaram and Another v. Yadavram and Others
| Table of Content |
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| 1. facts establish dependency on deceased for compensation. (Para 1 , 2 , 3 , 4) |
| 2. legal representation is defined in law; dependents qualify. (Para 5 , 6 , 7 , 8) |
| 3. incorrect findings of tribunal necessitate reassessment. (Para 9) |
| 4. appeal allowed in part; tribunal to reconsider. (Para 10 , 11) |
1. This appeal has been filed by claimants against the impugned order dated 4.12.2008 passed by the Addl. Motor Accidents Claims Tribunal (FTC), Balod, District Durg (C.G.) in Claim Case No. 14 of 2008 dismissing the claim petition, as not maintainable.
2. Brief facts of the case as per the version of the claimants are as under:
(i) The claimants are brother and sister of the deceased Gita Bai who was married to Shankarlal Halba, a resident of village Limhors. After a few days of the marriage, her husband died. Therefore, Gita Bai started residing in her maternal home at village Faradfod. Her brother Durgaram who is physically handicapped and Theli Bai, an unmarried sister, both were also residing with the deceased.
(ii) On 21.1.2008 deceased Gita Bai was returning from the matrimonial village Limhors to village Faradfod by tractor having registration No. CG 7 - D 8765 and tr
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