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Judgment
Indermeet Kaur, J.—These are three appeals which had been filed by the in-laws i.e. father-in-law and mother-in-law of deceased Ruchi and the grandparents of the deceased minor children Ayush and Kritika. Their claims had been dismissed by the learned Tribunal vide impugned Award dated 09.06.2010; the Tribunal was of the view that the claimants were not entitled to any compensation as they were not dependent upon the deceased.
Learned counsel for the petitioner has placed reliance upon a judgment of this court reported in Tej Pal Singh Yadav and Others Vs. Rajasthan State Road Transport Corporation and Another, to support his submission that a claim of the father-in-law qua the death of daughter-in-law would fit into the claim filed by the legal representatives and in the affronted case, the court had awarded compensation to the father-in-law of the deceased daughter-in-law. Reliance has also been placed upon I (1987) ACC 475 titled as Gujarat State Road Transport Corporation vs. Ramanbhai Prabhatbhai & Anr. to support his submission that a claim seeking compensation for the death of a person, may be filed not only by the legal representatives of the deceased but also by any agent duly authorized by all or any of the legal representatives. Attention has been drawn to the definition of the "legal representatives" as contained in the said judgment.
The learned counsel for the petitioner stated that in these circumstances, the matter should be remanded back to the Tribunal to determine the quantum of compensation, if any, which would be due to the claimants.
Learned counsel for the respondent has not disputed the proposition of law as laid down in the affronted judgments. These appeals are accordingly remanded back to the learned Tribunal to determine if the claimants in the instant case i.e. grandparents of deceased Ayush and Kritika and in laws of deceased Ruchi would be entitled to compensation in lieu of the evidence which has already been led by them. If so required, the parties will be permitted to lead further evidence also. Matter is accordingly remanded back to the District Judge, Rohini who shall assign these appeals to the concerned MACT Court at Rohini. For the said purpose, parties are directed to appear before the District Judge, Rohini on 03.11.2011 at 10.30 pm.
With these directions, these appeals are disposed of.