KANTA RANI Vs. PAWAN KUMAR MITTAL

JUDGEMENT

(1.) BY way of the present appeal the appellant seeks to challenge the impugned award dated 23. 05. 2007 so as to claim enhancement in the compensation amount over and above the amount of Rs. 1,74,012/- as awarded by the Tribunal.

(2.) BRIEF summary of the facts to deal with contentions of the parties are as under:-On 19. 07. 2006 at about 05:30am, an accident took place involving Tempo no. DL-1lb-9723, resulting into causing fatal injuries to Pramod Dhall @ Tony (now deceased ). The deceased was aged about 26 years and he was having good health. He was doing private service as Helper and was earning Rs. 3300/- p. m. at the time of accident.

(3.) THE main grievance of the appellant in the present appeal is that the tribunal has not granted any future prospects although, the income of the deceased was assessed under the Minimum Wages Act. The appellant is also aggrieved on account of the fact that 2/3rd of the income of the deceased has been taken into consideration towards personal expenses, although, under the second Schedule of the Minimum Wages Act, only 1/3rd of the income can be deducted out of the personal expenses. No amount has been awarded for loss of love and affection is another grievance of the appellant.