GOPAL Vs. BALBIR SINGH

JUDGEMENT

(1.) THE respondent No. 3 has filed reply to the I.A. No. 3894 of 1999 which is an application for condonation of delay in preferring the appeal. The appeal is barred by ten days. We have perused the application and heard the learned Counsel. The application for condonation of delay is duly supported by an affidavit. We have no reason to disbelieve the averments made in the application and the supporting affidavit. In our opinion sufficient cause has been made out for not preferring the appeal within limitation. Thus, we condone the delay, I.A. No. 3894 of 99 is allowed and stands closed.

(2.) WITH consent arguments heard.

(3.) THE appellants are the parents of the deceased Bhawarlal who filed claim petition against the respondents for damages and compensation on Account of death of their son Bhawarlal in road Accident. The Accident took place on 8th June, 1997 on Account of the rash and negligent driving of the truck bearing Registration No. GK-17-T/7671 by respondent No. 1 driver. At the relevant time respondent No. 2 Ritesh was the owner of the truck which was insured with respondent No. 3. The Tribunal found that respondent No. 1 was responsible for causing the Accident and, therefore, held that respondent Nos. 1 to 3 are jointly and severally liable to pay the compensation to the appellants. On the basis of the evidence, the Tribunal found that at the time of the Accident, age of the deceased was only 19 years and he was working as a Cleaner. Although the claimants v claimed that the deceased was getting a handsome salary of Rs. 1,500/- and as he was a bachelor the whole amount of his salary used to be handed over to the claimants. The Tribunal found that the monthly income of the deceased was only Rs. 1,000/- out of which the deceased was spending on himself atleast Rs. 400/-. Thus the monthly loss of dependency of the claimants has been worked out at Rs. 600/- i.e. Rs. 7,200/- per annum. Looking to the age of the deceased at the time of the Accident the Tribunal applied a multiplier of 15.