POONIBAI(SMT.) Vs. GANI MOHAMMAD

JUDGEMENT

(1.) THIS is an application for condoning the delay in the presentation of this appeal. The delay caused is 214 days. The ground for condonation applied for is ignorance of law which is no ground. Besides it is seen that a female child aged about 5 years lost her life in the accident in question. The learned Tribunal awarded Rs. 60,000/- for loss of life and Rs. 10,000/- for loss of future prospects and Rs. 2,000/- expenses for funeral, accordingly allowed award of Rs. 72,000/- with 6% interest. In cases of persons of young age dying in the accident without being married the settled law is that, their contribution to the parents is to be considered as l/3rd of their annual income. In the instant case, the notional income if taken into consideration the loss of dependency would come to Rs. 5,000/- per year and the appropriate multiplier according to the Ilnd Schedule of the Act would be 15, therefore, in any case the chance of enhancement of the amount of award applied for is not there.

(2.) IN view of the above, neither there is a reasonable cause for condoning the delay nor on merits this appeal deserves to be admitted for enhancement. Hence, it is accordingly dismissed.