- (1.) Cm-6421-Cii-2014 There is delay of 40 days in filing the present appeal. The appellants have filed an application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure, 1908 for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 40 days in filing the present appeal is hereby condoned. Main Appeal The present appeal has been preferred against the award dated 03.09.2013, passed by the learned Motor Accidents Claims Tribunal, Rohtak (hereinafter called the 'Tribunal'), vide which in a petition filed under Section 163-A of the Motor Vehicles Act, 1988 (for short the 'Act') the appellants-claimants have been awarded compensation to the tune of Rs.2,57,400/- on account of death of Rajpal in the motor vehicular accident which took place on 04.06.2010.
(2.) The present appeal has been preferred by the claimants for the enhancement of the amount of compensation.
(3.) Learned counsel for the appellants-claimants contended that the compensation in this case was to be computed as per the Second Schedule appended to the Act as the claim petition has been filed under Section 163-A of the Act. He contended that the learned Tribunal has wrongly deducted 50% of the income of the deceased towards his personal and living expenses. He further contended that the wrong multiplier has been applied. Thus, the amount of compensation computed by the learned Tribunal is inadequate.;