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Judgment
Rajan Gupta
Present appeal is directed against the order passed by tribunal awarding compensation to the tune of Rs. 1,20,000/- to the claimant-appellant. Learned counsel for the appellant has argued that compensation as granted is on the lower side. Tribunal has ignored from consideration number of factors while assessing compensation. Learned counsel for insurance company, however, submits that adequate compensation has been granted. There is no scope of enhancement thereof.
Heard.
Claim was lodged by claimant stating that on 16.6.2007, deceased Sardara Singh was going to Kurali for selling vegetable on his bicycle. Near T-point at Jhingra road, Kurali, at about 5.30 AM, Scorpio vehicle driven by Avtar Singh struck the bicycle. Sardara Singh was knocked down. He sustained injuries and as a result thereof he died.
Tribunal came to the conclusion that he was earning Rs. 3,000/- per month. After deducting 1/3rd thereof as expenses for his personal use, it assessed dependency as Rs. 2,000/-. Applying a multiplier of 5, compensation of Rs. 1,20,000/- has been granted. Though there is doubt about the claimant being dependent on the deceased yet this court is not inclined to interfere with the findings in the absence of appeal by insurance company.
Appeal is without any merit and is hereby dismissed. Since appeal has been dismissed on merit, application for condonation of delay of 248 days in filing the appeal does not survive.