NATIONAL INSURANCE COMPANY LTD Vs. BASANTI & OTHERS

JUDGEMENT

(1.) We have heard Sri Vinay Khare, counsel for the appellant, Sri S.D. Ojha, counsel for the claimant-respondents no. 1 to 4, and perused the record as also papers filed along with memo of appeal.

(2.) Having gone through the affidavit filed in support of delay condonation application filed under Section 5, Limitation Act, we are of the view that the grounds taken for delay are sufficient. The delay of 18 days is accordingly condoned. Delay condonation application is allowed.

(3.) Learned counsel for the appellant has challenged the award on two grounds. Firstly, that the findings of the Tribunal on the issue of negligence is wholly erroneous and secondly income of the deceased has been taken on higher side resulting in arbitrary and excessive award. Per contra learned counsel for the claimant-respondents has submitted that the findings of the Tribunal are based on evidence on record and no contra evidence was led by the opposite parties to prove the contributory negligence of the deceased. He has further submitted that the deceased was skilled carpenter and the Tribunal has taken his monthly income at Rs.9,000/- which is not at all on 'higher side'.