- (1.) First Appeal No. 1066 of 1993 against judgment and award dated 14.7.1993 passed by Mr. U.S. Singh, the then M.A.C.T./IX Additional District Judge, Kanpur Nagar, in M.A.C.P. No. 169 of 1989 was dismissed by Division Bench of S.K. Singh, J. and Pankaj Mittal, J., on 16.2.2009 for non-compliance of orders dated 18.5.2004, 17.7.2004, 3.12.2007, 17.9.2008 and 22.1.2009 to prepare paper book. No restoration application was ever moved by appellant thereafter.
(2.) This cross-objection was filed by Archana Srivastava and three other claimants for enhancement of compensation against same judgment and award dated 14.7.1993 in above F.A.F.O. No. 1066 of 1993 with contentions that the learned Tribunal committed illegality in applying multiplier of 20 only even after coming to the conclusion that the deceased was aged only 31 years at the time of accident, and also committed illegality in not accepting the uncontroverted income of deceased as Rs. 2,500 per month. The learned Tribunal acted illegally in fixing the rate of interest at 10 per cent per annum only while normally the Hon'ble Supreme Court as well as the Hon'ble High Courts fixed 12 per cent per annum interest from the date of petition till realization of amount of compensation and it failed to consider the future increase in the income of deceased who was carrying on business in insurance.
(3.) We have heard learned counsel for the parties on cross-objection at length and perused the findings recorded by the learned Tribunal as well as evidence led by the parties in claim petition.;