SUSHILA DEVI Vs. NARESH KUMAR

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 05.05.2006, whereby the learned Tribunal had granted compensation for a sum of Rs.30,76,000/ - with interest at the rate of 8% per annum from the date of filing the petition till realization of the amount.

(2.) THE present appeal has been filed for enhancement of the compensation amount noted above.

(3.) LEARNED counsel submitted that though at the time of the death, there were five dependants, but mother of the deceased had died during the pendency of the trial, therefore, only four dependants were remained. Hence, considering the number of dependants, the learned Tribunal ought to have deducted 1/4th of the income of the deceased towards personal expenses instead of 1/3rd, which is contrary to the settled law.