AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivase Gowda
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
Along with the appeal an application is filed u/s 5 of the Limitation Act for condonation of delay of 658 days in filing the appeal.
Respondent 2, the insurer of the offending vehicle has filed counter resisting the delay application.
Hence, I have heard the learned Counsel appearing for the parties both on the ground of delay as well as on merit.
It is seen from the records that the Tribunal has passed the impugned judgment and award on 14th October, 2008 and the appellant has applied for the certified copy of the same only on 13.04.2010 i.e. after 544 days from the date of pronouncement of the judgment and award and he has filed this appeal on 26th August, 2010 i.e. after the delay of 135 days from the date of receipt of the certified copy. In the affidavit filed in support of delay application the claimant except stating in para 4 that due to death of their son they are not able to maintain themselves for food and shelter as their son who was staying with them was contributing his entire income to them and maintaining the family and therefore there is delay of 658 days in filing the appeal, have not offered any valid reason to condone the inordinate delay in filing the appeal.
On merits even if we accept the arguments advanced by the learned Counsel for the appellants that the income of the deceased assessed by the Tribunal at. Rs.3,000/- p.m. is on the lower side, and consider his income at Rs.4,000/- p.m., deduct 50% of the same towards his personal expenditure as he was bachelor and apply the multiplier of ''14'' applicable to the age group of the younger parents of the deceased i.e. the mother who is 43 years as against 18 applied by the Tribunal on the basis of the age of the deceased, the loss of dependency works out to Rs.3,36,000/-(Rs.4,000/- x 1/2 x 12 x 14) where as the Tribunal has awarded Rs.3,24,000/- and there is no much margin.
Further the Tribunal has rightly awarded Rs.20,000/- under conventional heads.
As, the total amount of compensation awarded by the Tribunal comes closer to the just and reasonable compensation now determined in the appeal and there is no scope for enhancement of compensation under any head.
Accordingly the appeal is dismissed both on the ground of delay as well as on merit.
No order as to costs.