AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash B. Adi
Show the name of Sri Srishaila as appearing for respondent No. 1.
Notice to respondent No. 2 is dispensed with.
There is a delay of 479 days in filing the appeal. Though the contesting respondent is served and represented, no objections are filed. Cause shown is accepted. Delay condoned. This is claimants'' appeal seeking enhancement of compensation.
The Tribunal has awarded compensation of Rs. 4,79,000/- with interest. Unsatisfied with the same, claimants are before this Court.
Claimants are wife, two minor children and mother of the deceased.
The Tribunal has taken the income of the deceased at Rs. 3,000/- per month. The accident is of the year 2008. Deceased was an agriculturist.
Considering the cost of living and the income in 2008, I find that, at least income at Rs. 4,500/- per month could be taken. If Rs. 4,500/ is taken, claimants are entitled for Rs. 6,88,500/- (Rs. 3,375/- x 12x17) as against. Rs. 4,59,000/- i.e. additional Rs. 2,29,500/- towards loss of dependency. Claimants are entitled for additional compensation of Rs. 20,000/- on the conventional heads. In all, claimants are entitled for Rs. 2,49,500/- rounded off to Rs. 2,50,000/- over and above the compensation awarded by the Tribunal. However, claimants are not entitled for interest on the enhanced compensation for the period of 479 days.
Accordingly, the appeal is partly allowed Sri Srishaila is permitted to file vakalath in two weeks.