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ANRAJ @ BHOMA RAM & ORS. versus BHOPAL SINGH & ORS.

High Court of Rajasthan

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ANRAJ @ BHOMA RAM & ORS. v BHOPAL SINGH & ORS. - CMA Case No. 05991 of 2006 [2007] RD-RJ 359 (17 January 2007)

S.B. CIVIL MISC. APPEAL NO.5991/2006. (DRJ).

(Anraj @ Bhoma Ram & Ors. Vs. Bhopal Singh & Ors.)

Date of Order :: 17th January 2007.

HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr. S.K. Sankhla, for the appellants. ...

BY THE COURT:

For accidental death of 12 years old daughter of the appellant No.1, the Tribunal has proceeded to make an award in lump sum of Rs.1,35,000/-, where the parents as well as brothers and sisters of the deceased were arrayed as claimants before the Tribunal.

This appeal was initially presented on behalf of all the claimants but upon raising of an objection by the office that the claimant No.2, mother of the deceased, has not signed

Vakalatnama, an application, IA No.85/2007, has been moved with the submission that the counsel appearing for appellants has no instructions from the claimant No.2 Radha Devi, mother of the deceased, to file appeal on her behalf; and, therefore, it has been prayed that she may be permitted to be impleaded as proforma respondent.

Upon granting of the prayer as made in the application,

IA No.85/2007, the position obtainable is that the mother of the 12 years old victim has chosen not to file any appeal for enhancement over the amount of compensation awarded by the Tribunal in the sum of Rs.1,35,000/-. The other appellants

No.2 to 7 are only the minor brothers and sisters of the victim and could least be said to be the dependents or direct beneficiaries of the income and contribution of the deceased.

In the fact situation of the present case even the appellant

No.1, father of deceased does not appear to the person entitled to major part of contribution from the deceased.

When the mother of the victim has chosen not to file any appeal, there appears no cause or reason to consider modification of award for the purpose of upward revision at the instance of father of the victim; particularly when the award on its quantification in respect of 12 years old girl child does not appear to be grossly inadequate or insufficient.

Thus, the application, IA No.85/2007, is of course allowed and the amended cause title filed by the appellants is taken on record and the appeal may be registered as all the defects stand cured; however, as a consequence of such amendment in the array of parties, and in view of the discussion aforesaid, the appeal fails and is, therefore, dismissed summarily.

(DINESH MAHESHWARI), J. //Mohan//


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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