NATIONAL INSURANCE CO LTD Vs. KAMALAKSHI

JUDGEMENT

(1.) INSURER is the appellant. Quantum of compensation is the only contention raised. The Tribunal awarded a total amount of Rs.4,08,500/- as compensation as per the details given below: 1. Loss of dependency : Rs.3,84,000.00 (36,000 X 2/3 X 16) 2.Mental agony : Rs. 10,000.00 3. Pain and suffering : Rs. 2,000.00 4. Transportation : Rs. 1,000.00 5. Damage to clothing : Rs. 500.00 6. Funeral expenses : Rs. 4,000.00 7. Loss of love and affection : Rs. 5,000.00 8. Loss of estate : Rs. 2,000.00 ---------------------- Total : Rs.4,08,500.00 ==========

(2.) THERE is a delay of 617 days in filing the appeal. We have heard the counsel. Prima facie we are not satisfied that the long delay of 617 days deserves to be condoned. The petition for condonation of delay hence deserves to be dismissed.

(3.) EVIDENTLY the Tribunal had intended to award a total amount of Rs.12,000/- under the head of pain, suffering and trauma. That conclusion does not warrant appellate interference.