JUDGEMENT
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(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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