JUDGEMENT
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(1.) C M-11037-CII-2012
There is delay of 211 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act for condonation of delay.
Heard on the application.
In view of the reasons mentioned in the application, same is allowed and the delay of 211 days in filing the present appeal is hereby condoned.
MAIN APPEALS
This judgment of mine shall dispose of both the appeals mentioned above, which have arisen out of the same award dated 20.04.2011, passed by the learned Motor Accidents Claims Tribunal, Kurukshetra (hereinafter called the 'Tribunal'), vide which Janeshwar Parshad, the appellant of FAO No.2549 of 2012 has been awarded the compensation to the tune of Rs.81,500/- and Gurdass, the appellant of FAO No.2919 of 2012 has been awarded compensation to the tune of Rs.1,50,472.42 on account of the injuries suffered by them in the motor vehicular accident, which took place on 19.09.2009.
(2.) Both these appeals have been filed by the appellantsclaimants for enhancement of the amount of compensation.
(3.) Learned counsel for the appellants contended that appellant-claimant Janeshwar Parshad has suffered permanent disability to the extent of 33%. He was working as a mechanic. The learned Tribunal has just awarded Rs.66,000/- on account of the permanent disability, which is highly inadequate. Similarly, appellant-claimant Gurdass has suffered 27% disability and he has been awarded Rs.54,000/- on account of the permanent disability, which is also highly inadequate. The learned Tribunal has not computed the amount of compensation by applying the multiplier keeping in view the loss of future income of the appellants as a result of disability. Thus, he contended that just compensation has not been awarded to the appellants.;
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