HARBANS KAUR Vs. JAI BHAGWAN

JUDGEMENT

(1.) when this appeal was being considered it was noticed that MACT and First Appellate Court had awarded paltry compensation amount of Rs.12,000.00 and Rs.15,000.00 respectively to appellants on the death of a 20 year old Gurcharan Singh, a student of M.A. who died in a road accident on 3.8.1971

(2.) Accordingly New India Assurance Company's counsel Mr.B.R.Sabhaiwal was directed notice and required to obtain instructions for an appropriate enhancement of compensation. He appeared on 8.2.2001 and sought time to explore such possibility. But he Failed to turn up today leaving us with no option but to decide the appeal on merit.

(3.) we have examined the Tribunal award and also the First Appellate Court judgement and find that both courts had adopted a novel method of assessing the dependency. TRIBUNAL had fixed it at Rs.150.00 p.m for first 5 years and Rs.50.00 p.m. for subsequent 5 years to award compensation of Rs.12,000.00" by taking the survival period of deceased at 10 years. First Appellate Court had done no better except to raise it from Rs.50.00 to Rs.100.00 p.m. for later 5 years besides awarding 9% interest to award a compensation of Rs.15,000.00.