M.JEYAPAUL,J. - (1.) HEARD both the sides. Delay of 212 days in filing the appeal stands condoned for the reasons set out in the application. Application is allowed.
(2.) THE parents of deceased Devender Singh have preferred the present appeal aggrieved by the quantum of compensation fixed by the Tribunal. The claimants contended that deceased Devender Singh was employed as an Electrician. He was earning Rs.6000/- per month. They also examined PW2, the alleged employer of deceased Devender Singh who of course spoke to the fact that Devender Singh was engaged by him as an Electrician and paying a monthly salary of Rs.6000/- to Devender Singh.
(3.) THE Tribunal disbelieved the evidence of PW2 and determined the monthly income of deceased Devender Singh at Rs.3500/- per month in the absence of any convincing proof. The Tribunal has not awarded anything towards loss of estate. Future prospects of the deceased also was not considered by the Tribunal. Though deceased Devender Singh was a bachelor, the Tribunal chose to deduct 1/3rd instead of 50% towards personal expenses.;