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Judgment
Mahesh Bhagwati
Mr. Wasim Ahmed Quresh for Mr. Pradeeh Chaudhary, Advocate appears for respondent no.1 and Mr. Tripurari Sharma, Advocate appears for respondent no.2.
Learned counsel for the appellant verbally prays to dispense with the service of notice on respondent no.2.
Prayer is allowed. The service of notice on respondent no.2 is ordered to be dispensed with. Thus, service is complete.
Heard Learned Counsel for the parties on an application filed u/s 5 of Limitation Act and carefully perused the contents of the application.
The application is allowed for the reasons mentioned therein and the delay of 39 days in filing the appeal is condoned.
Heard Learned Counsel for the parties on the appeal also.
The claimants appellants have filed this appeal for the enhancement of quantum of compensation. Vide its judgment and award dated 11.6.2009, the learned Motor Accident Claims Tribunal, Alwar is found to have decreed an amount of 3,27,500/- in favour of the claimants appellants and against the respondents non claimants.
Having heard the Learned Counsel for the parties and carefully perused the impugned award, it is noticed that sans there being any evidence with regard to income of the deceased, the learned Tribunal assessed the monthly income of the deceased to be Rs. 3000/- on the basis of minimum wages prevalent at the relevant point of time, and taking into consideration the fact that the deceased was bachelor, applied the multiplier of 13 basing the age of father and mother to be 47 and 45 years, and rightly decreed an amount of Rs. 3,27,000/- to be the quantum of compensation in favour of claimants appellants and against the respondents non appellants. The impugned award is well merited, based on cogent finding, with which I fully concur and I do not find any ground to interfere with the impugned award.
For these reasons, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.