- (1.) Cm-23980-Cii-2013 in FAO No.5741 of 2013 There is delay of 209 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act for condonation of delay. Learned counsel for the applicant-appellant submitted that she will not claim the interest on the enhanced amount of compensation, if any, for the period of delay caused in filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 209 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 been arisen out of the same award dated 22.11.2012 passed by the learned Motor Accidents Claims Tribunal, Ambala (hereinafter called the 'Tribunal') vide which Smt. Sita Devi and another, the appellants of FAO No.4943 of 2013 have been awarded compensation to the tune of Rs.3,33,000/- as compensation on account of death of their son Sohan Verma, and Smt. Omwati Verma, the appellant of FAO No.5741 of 2013 has been awarded compensation to the tune of Rs.3,95,000/- as compensation on account of death of her son Nitin Kumar Verma in the motor vehicular accident, which took place on 06.06.2011.
(2.) Both these appeals have been preferred by the appellantsclaimants for enhancement of the amount of compensation.
(3.) Learned counsel for the appellants-claimants contended that in FAO No.5741 of 2013 deceased Nitin Kumar Verma was the student of the final year of Mechanical Diploma. The Tribunal has taken his notional income only to the tune of Rs.5000/- per month which is on lower side. He contended that at least his income should have been taken to be Rs.15,000/- per month. He relied upon cases Ashvinbhai Jayantilal Modi Vs. Ramkaran Ramchandra Sharma and another 2014 4 RCR(Civ) 543 and V. Mekala Vs. M. Malathi and another, 2014 2 RCR(Civ) 880.;