- (1.) This appeal has been preferred by the claimants aggrieved by the award of the Motor Accident Claims Tribunal dated 18.7.2003.
(2.) None has appeared for the appellants on 22.11.2011 and it was passed over for today, however, it was made clear that if no one appears for the appellants on the next date, the appeal shall be heard and decided even in the absence of learned counsel for the appellants. Today also, no one has appeared for the appellants, therefore, the appeal is being decided in absence of counsel for the appellants considering the grounds of the appeal.
(3.) In the grounds of the appeal, it has been contended that the Tribunal having held the tractor driver as negligent and responsible for the death of Smt. Buchi Bai was not justified in awarding only a sum of Rs.50,000 as lump sum compensation, apart from paying a sum of Rs.3,000 each to the appellant nos.1 and 2 for loss of consortium and love and affection and Rs.2,000 for funeral expenses. It is also been contended that the evidence proves that deceased was earning a sum of Rs.8,000 per month by sale of vegetables in the market and also by selling milk. This income she was contributing to the family. There was no rebuttal of this evidence from the side of the non-claimants and in absence of any rebuttal, the evidence was ought to have been accepted by the Tribunal. At the time of death, the deceased was 45 years of age. She used to look after the agriculture land worth 16-17 bighas and where she used to grow vegetables then those vegetables would be sold in the market. The interest has also been awarded at the lesser rate of 9% per annum, whereas at the relevant time, the interest rate was 12% per annum.;