ANITA DEVI AND OTHERS Vs. DIVAKAR RAI AND OTHERS
LAWS(P&H)-2012-8-208
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 06,2012

Anita Devi And Others Appellant
VERSUS
DIVAKAR RAI AND OTHERS Respondents

JUDGEMENT

- (1.) C.M. No.21213-CII of 2010 Heard the submissions made on either side.
(2.) There is a delay of 286 days in preferring the appeal. The applicants have contended that they had no source of livelihood as a result of which they could not prefer the appeal inspite of the advice rendered by the counsel to prefer an appeal. They accepted the advice of the counsel to prefer an appeal only after they received the award amount in this case in the month of November, 2009. It is found that the appeal has been filed in in February, 2010. I find that sufficient cause has been shown for the delay. Therefore, the delay is condoned. Application is allowed. FAO No.4897 of 2010
(3.) Aggrieved by the quantum of compensation fixed by the Tribunal, the widow and children of deceased Anoop have preferred the present appeal. Deceased Anoop who was 30 years of age at the time of accident had left behind four dependents. It has been established before the Tribunal that he was earning a sum of Rs. 8000/- per month being a driver. Some medical bills to the tune of Rs. 1,25,937/- were produced before the Tribunal, but the Tribunal took up only the bills proved for consideration and awarded a sum of Rs. 50,000/- towards medical treatment taken by the deceased. Towards transportation and last rites, a sum of Rs. 10,000/- was awarded. The Tribunal has chosen to adopt the multiplier of '15' to arrive at the loss of dependency. It also has not added any additional income towards future prospects. Nothing was awarded towards loss of consortium and loss of estate.;


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