- (1.) Delay of 48 days in filing the appeal is condoned.
(2.) The appeal is for enhancement of claim for compensation for death of a person, who was engaged in a trading business. He was an income tax Assessee. The Tribunal had assessed compensation on the basis of the income as shown in the income tax returns. The point urged in appeal is that the income tax returns showed a steady increase over a period of years and, therefore, the Tribunal must have provided for prospect of increase in income. We have not come by such a proposition of law yet that in cases where the income is proved, there should always FAO No. be a provision for increase. In the manner of assessment of compensation through the multiplier method itself, there is an inbuilt scheme for factoring the prospect of increase by determining a compensation and making it possible for a claimant to realize it immediately or within a short span of time instead of staggering the amount that a person would have earned for the entire life span. The provision for interest for what he could have earned in future also goes to factor the issue of a prospect of increase in future. I cannot, therefore, make a provision for a prospect of increase in income from business. The amount awarded at Rs. 9,21,500/-with interest at 7.5% from the date of filing of the petition, in my view, is appropriate and just and could not require any further revision by enhancement.
(3.) The award is confirmed and the appeal is dismissed.;