- (1.) The appeal is barred by time.
(2.) Causes being sufficient, delay is condoned and the appeal is taken on record. The application for condonation of delay is, thus, disposed of without any order as to costs.
(3.) The Tribunal was satisfied with the monthly income of the victim hence, applied the theory of notional income. While doing so, the Tribunal, however, considered the victim to have worked for 20 days a month at the rate of Rs. 100/- per day taking his monthly income at Rs. 2,000/- per month, contrary to the decision of the Apex Court in the case of Laxmi Devi and others v. Mohammad Tabbar and another reported in 2008 ACJ 1488 (SC) . In the said decision the Apex Court observed, when the Tribunal was definite about the monthly income, it should take into account the notional income and while doing so it should consider the fact that an unskilled labour earns Rs. 100/- per day, i.e. Rs. 3,000/- per month, considering the price index of 2004. The Apex Court applied the multiplier of 14 instead of 12, considering the age of the deceased as 35 years old.;