POONAM RANI AND OTHERS Vs. BALDEV SINGH AND OTHERS
LAWS(P&H)-2016-4-326
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 21,2016

Poonam Rani And Others Appellant
VERSUS
Baldev Singh and Others Respondents

JUDGEMENT

- (1.) C M-15189-CII-2014 There is delay of 897 days in filing the present appeal. The appellants have filed an application under Section 5 of the Limitation Act for condonation of delay. Learned counsel for the applicants-appellants submitted that they do 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 897 days in filing the present appeal is hereby condoned. Main Appeal The present appeal has been preferred by the appellantsclaimants against the award dated 27.08.2011, passed by the learned Motor Accidents Claims Tribunal, Ludhiana (hereinafter called the 'Tribunal'), vide which the appellants-claimants have been awarded compensation to the tune of Rs.3,65,000/- on account of death of Vijay Kumar in the motor vehicular accident, which took place on 08.09.2008.
(2.) The present appeal has been preferred by the appellantsclaimants for enhancement of the amount of compensation.
(3.) Learned counsel for the appellants contended that learned Tribunal has taken the income of the deceased on the lower side i.e. Rs.3000/- per month only. No future prospects have been awarded. The loss of dependency has also been wrongly calculated. The deceased had four dependents. There should have been 1/4th deduction instead of 1/3rd. Less amount has been awarded under the other non-conventional heads. Thus, he contended that the amount of compensation awarded by the learned Tribunal was inadequate.;


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