LALNUNSIAMI AND ORS. Vs. C. CHAMAW AND ORS.

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, learned senior counsel appearing for the appellants. Also heard Mr. Zochhuana, learned counsel appearing for the respondent No. 2/ M/S United India Insurance Company Limited.

(2.) By this appeal, the Judgment and Order dated 29/05/2014 passed by learned MACT, Aizawl, Mizoram in MACT Case No. 39 of 2013 has been challenged for enhancement of the award. The learned Tribunal had given compensation of Rs. 1,29,500/- in funeral expenses of the claimant/appellants with interest at the rate of 9 percent from the date filing. It was to be paid by the respondent No. 2 i.e M/S United India Insurance Company Limited.

(3.) Mr. L.H. Lianhrima, learned senior counsel appearing for the appellants submits that while making the compensation award, the learned Tribunal had failed to take consideration of the observation made in the case of Sarla Verma (Smt) and Others -Versus- Delhi Transport Corporation and Another, 2009 6 SCC 121 with regard to deduction towards personal and living expenses of the deceased. He submits in the present case that the deceased had 5 (five) dependant family members and therefore the learned Tribunal which has deducted 1/4th towards personal and living expenses. However, in the instant case, the learned Tribunal has deducted 1/3rd towards personal and living expenses. He also submits that no consideration was given to the observation made by the Supreme Court in the case of Rajesh and Others vs- Rajbir Singh and Others, 2013 3 TAC 697.