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Judgment
Mr. Ramalingam Sudhakar, J. - This is an appeal of the year 2009.
Accident in this case happened on 29.02.2001 when deceased-Manjeet Singh while traveling from Village Tokanwali Tehsil R.S. Pura, Jammu
on his scooter and on reaching near Baspur Bangla was hit by a Tractor trolley bearing registration No. JK02G-9002 and he died. Father aged 55
years, mother aged 50 years and sister 16 years are the claimants.
Nature of accident which caused the death of Manjeet Singh has been recorded by the Tribunal. It is now stated that mother-claimant died. The
father is a retired pensioner and the sister is married and, therefore, the surviving persons are not entitled to any compensation. The claim was,
therefore, dismissed by t he Tribunal.
The present appeal has been filed by the father and sister pleading that in any event the compensation should have been given, in light of decision
rendered in case titled Budh Singh v. Vijender Singh & Ors., reported in 2013 ACJ 19 on various non-pecuniary heads.
Since the Tribunal failed to address these issues, the appeal is allowed by way of remand and the matter is remitted back to the file of Presiding
Officer-MACT Jammu for considering the issue as above. The private respondent is entitled to raise all objections as per law.
The appeal stands disposed of as above.