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Judgment
D.P. Wadhwa, C.J.—This appeal is directed against the order dated 18.1.96 passed by the learned Single Judge (See the decision reported in (1996) 1 BLJR 473 (RB), whereby he has reduced the compensation" awarded to the Respondents from Rs. 3,84,000/- to Rs. 3,00,000.
Against that order, the Insurance Company has come up in appeal. Along with this appeal an application has been filed for condonation of delay in filing this appeal is barred by 6 days. The ground taken is procedural delay is office. Be that as it may, we have gone through the impugned order of the learned Single Judge and heard learned Counsel for the parties to some extent. The accident took place on 23.10.92 in which Ambuj Chandra Paul, an employee of Fertilizer Corporation of India, Sindri died where he was senior Operator in Nitric Acid plant. He was drawing a salary of about Rs. 5,000/- per month and his home-take salary was about Rs. 4,000/- per month. He left behind him his widow, four daughters and one son. The Motor Accident Claim Tribunal after considering whole aspect of the matter awarded a sum of Rs. 3,84.000/- to the legal heirs of the deceased. An appeal was filed by the Insurance in this Court and in mat appeal the learned Single Judge reduced the compensation for Rs. 3.00.000/-. He has also relied upon a decision of the Supreme Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, .
We have been told that till date a sum of only Rs. 25.000/- has been paid to the legal heirs of deceased Mr. Paul.
It is not necessary fox us to go into the question whether the teamed Single Judge was justified in reducing the compensation in a case like this. However, we find no merit in this appeal. This appeal is, therefore, dismissed with costs Counsel fee Rs. 2,500/.
The amount of compensation with interest as per the Judgment of the Tribunal and the learned Single Judge as also the cost shall be paid by means of a Bank Draft or Account payee cheque to be prepared in the name of Mrs. Kanak Paul in the Court of Motor Accident Claim Tribunal on 6.9.96. The Respondent Kanak Paul shall appear before the Tribunal on that day and so also a authorised representative of Appellant Insurance Company.