Anand and Another vs Siri Niwas and Others

Rajan Gupta, J.

C.M. No. 32444-CII of 2010

This is an application for condonation of 64 days delay in filing the appeal. Prayer has been opposed by learned counsel representing respondent no. 3.

For the reasons stated in the application, same is allowed. Delay of 64 days in filing the appeal is condoned.

FAO No. 7365 of 2010

Dis-satisfied with the quantum of compensation awarded by the tribunal for death of deceased Krishan, claimants have preferred the instant appeal.

Learned counsel for the appellants submits that compensation awarded by the tribunal needs to be enhanced as notional income of the deceased has not been correctly assessed. According to him, nothing has been awarded towards love and affection.

Learned counsel representing respondent no. 3-insurance company submits that while considering the age of the deceased as ten years, tribunal notionally assessed the income of the deceased as Rs. 12,000/- per annum as per schedule II of the act. Thus, tribunal rightly computed the compensation taking into account entire materials produced before it and there is no scope for enhancement.

I have heard learned counsel for the parties.

An accident occurred on 24.02.2009 in which son of the appellants Krishan died. On a claim being lodged, tribunal came to the conclusion that accident had occurred due to rash and negligent driving by driver of the offending vehicle. After assessing the income of the deceased as Rs. 12,000/- and deducting 1/3rd towards his personal expenses, compensation was worked as Rs. 1,60,000/-. It granted a sum of Rs. 2,000/- on account of funeral expenses and Rs. 2,500/- towards loss of estate. Total compensation thus came to Rs. 1,64,500/-. The compensation awarded was directed to be paid to the appellants in equal shares. It appears that tribunal while assessing the compensation has not granted sufficient amount on account of funeral expenses, loss of estate etc. In my considered view appellant would be entitled to another Rs. 8,000/- on account of funeral expenses and Rs. 5,000/- for loss of estate. In view of the fact that nothing has been awarded towards love and affection, appellant will be entitled to Rs. 7,000/- under this head. Accordingly, appellant would be entitled to total compensation of Rs. 1,84,500/-. Appeal is accepted to this extent. Award of the tribunal is accordingly modified. Enhanced compensation be distributed amongst the claimants in the same proportion as done by the tribunal.