VEENA MALHOTRA Vs. MANTUN CHAUDHARY

JUDGEMENT

(1.) By way of the present appeal, the appellants seek to challenge the impugned award dated 18.10.2007 so as to claim enhancement in the compensation amount over and above the amount of Rs.7,36,000- granted by the Tribunal.

(2.) To deal with the contentions of the counsel for the parties, it would be appropriate to give brief facts of the case as under:

(3.) Counsel for the appellants has mainly raised three contentions in support of the present appeal. The first contention raised by the counsel for the appellant is that the Tribunal has not taken into account the deposition of PW2, who being the employer of the deceased in his deposition had categorically stated income of the deceased at Rs.7,000/- p.m. at the time of his death. The contention of the counsel for the appellant is that the Tribunal has assessed the income of the deceased on the basis of the certificate issued by the employer in which the income of the deceased has been disclosed as Rs.69,600/-p.a. The contention of the counsel for the appellant is that the Tribunal should have given due weightage to the deposition of the employer who had categorically stated the income of the deceased at Rs.7,000/- p.m. The second contention raised by the counsel for the appellant is that the Tribunal has not granted any benefit to the claimants with regard to the future prospects. The third contention raised by the counsel for the appellant is that Tribunal has granted lower rate of interest ie. @7.5% p.a. which as per the counsel should have been at least 12% p.a.