K. Kannan, J. - (1.) CM No. 1051 -CII of 2011
(2.) THERE is a delay of 17 days in filing the appeal. For the reasons stated in the application, application is allowed. Delay of 17 days in filing the appeal is condoned. FAO No. 261 of 2011 The appeal is for enhancement of claim for compensation for death of a male aged 50 years. The claim was at the instance of the widow and children. The contention was that he was earning Rs. 9,000/ - per month. He was said to be an agriculturist and owned a tractor. With the small extent of land that Ex. P -2 jamabandi revealed as possessed by the deceased, the Tribunal took the income at Rs. 3,900/ - provided for a deduction of 1/5th and applied a multiplier of 13.
(3.) LEARNED Counsel states that his income has been taken as that he is an agricultural labourer. In cases where the land exists and the income on the estate is still available and the compensation will be fixed only on the basis of the value of the managerial skills on the property, a determination of Rs. 3900/ - as adopted by the Tribunal and a final assessment of Rs. 5,06,720/ - as a compensation payable accords with evidence and in my view, is just and would require no further appraisal for enhancement.;