DILIP Vs. SUKHBEER KAUR

JUDGEMENT

(1.) HEARD on I.A. No. 9862/05, which is an application for dispensing with services of Respondents No. 1 and 2. Application is allowed at the risk of the appellant.

(2.) BEING aggrieved by the inadequacy of the amount awarded vide award dated 2.5.2005, passed by 1st MACT, Indore, in Claim Case No. 39/2005, whereby a sum of Rs. 2,00,000/- has been awarded along with interest @ 6% p.a., the present appeal has been filed.

(3.) LEARNED counsel for the appellants submit that the wife of the appellant No. 1 was carrying on a shop at Khajrana Temple for which an agreement has been produced to demonstrate that the deceased entered into an agreement to purchase a shop vide agreement dated 5.12.2003. It is submitted that income of the deceased as Rs. 4,000/- per month. Appellant No. 1 is carrying on business of Tea Stall. It is also submitted that deceased being wife of appellant No. 1 and mother of appellants No. 2 and 3 was also taking care of the appellants. The notional income was assessed at the rate of Rs. 15,000/- per year for determining the loss of dependency. It is submitted that on account of loss of dependency the amount awarded is on lower side.