Ajay Rastogi, J. - (1.) Instant appeal barred by 194 days has been filed seeking enhancement of compensation of Rs. 5,59,432/- awarded by Motor Accident Claims Tribunal, Behror (Alwar) vide Award date 4th March, 2005 in MAC No. 86/02.
(2.) Only explanation furnished in the application seeking condonation of delay of 194 days in filing the appeal is that appellants are Bawaria by caste and not living permanently at one place and moving one place to other for their livelihood, hence could not contact their advocate in time, Nothing has been disclosed as to where they were informed by their Advocate about having any Award in their favour and how it came to their notice and when they contacted their Advocate. Explanation furnished in the application seeking condonation does not justify delay of 194 days. Yet I considered to examine the appeal on merits, as well.
(3.) Claimants are wife, parents and children of deceased Chhaganlal aged 29 years who met with an accident while returning on his bicycle from Shahjahanpur to his village Pipli on 1st April, 2002, when reached near Neemrana Check-post, offending truck No. HR-38-B-3995 being driven rashly & negligently by its driver collided with the cycle and dashed him-as a result whereof, he died. As alleged in claim petition, the deceased was working as Hand Pump Mistri under Panchayat Samiti Neemrana in Government Department and getting salary of Rs. 4,203/- per month. Considering totality of facts on record, learned Tribunal assessed his income of Rs. 4,061/- (minus house rent allowance) per month and after l/3rd deduction toward personal expenses, Rs. 2,708/- per month was considered as financial dependency to the family and keeping in view his age, multiplier of 17 was applied and in all awarded compensation of Rs. 5,59,432/- (including Rs. 5,52,432/- for loss of financial aid to the family and Rs. 5,000/- towards loss of love & affection to all claimants and Rs. 2,000/- for funeral expenses) with interest @ 6% per month vide Award impugned. Hence this appeal.;