BIMLA DEVI Vs. RAJINDER KUMAR

JUDGEMENT

(1.) On 15.5.1986 Ram Dass was hit by the bus No. CHW 9318 on the crossing of Sectors 11 and 15, Panchkula. On 17.5.1986 he succumbed to his injuries. The widow and the minor children filed a claim petition on 25.1.88. They claimed as compensation an amount of Rs. 1,50,000. The respondents claim that the petition was barred by limitation. The Tribunal found that the claim petition has been filed "beyond a period of more than one and half years. The petitioners have not shown any sufficient cause for not filing the petition within six months". Consequently, the petition was held to be time-barred. Aggrieved by the award, the claimants have filed this appeal.

(2.) Mr. Sarjit Singh, the learned counsel for the appellants, contends that the bar of limitation was wrongly applied by the Tribunal. Learned counsel points out that in view of the law laid down by their Lordships of the Supreme Court in Dhannalal v. D.P. Vijayvargiya, 1996 ACJ 1013 (SC), the claim should not have been declined on the ground of delay. He further submits that the court has also erred in applying a cut of one-third on the income of the deceased. Even if it is assumed that his monthly emoluments were only Rs. 847, he had at least eight dependants. Thus, he could not have spent 1/3rd of his income on himself. At best an amount of Rs. 147 should have been allowed on account of the personal expenses of the deceased. As a result, the counsel submits that compensation of Rs. 1,00,800 should have been assessed and awarded.

(3.) No one appears on behalf of respondents to contest the appeal despite service.