PUSHPA RANI Vs. GURBANT SINGH

JUDGEMENT

(1.) THERE is a delay of 1844 days in preferring the appeal. The delay, according to the counsel for the appellants, was on account of the fact that the claimants are illiterate, living in a border town and they did not know that they should prefer the appeal within a particular time. The application for condonation of delay is stoutly contested by the insurance company. I find this to be not convincing but I am prepared to condone the delay since the issue related to compensation for death of a bread winner of a family leaving behind five dependents. I find no reason to deny the right of consideration on merits. The delay in filing the appeal is condoned.

(2.) THE only point urged before this Court is that the Tribunal must have applied a 1/4th deduction considering that there were five dependents while the Court has actually applied a 1/3rd deduction. The deceased was an income tax assessee and having regard to the fact that the Tribunal has provided for the income in the manner brought out through the record, I will take the income as assessed by the Tribunal at Rs.75,000/ - per annum, making a deduction of 1/4th and take the contribution to the family as Rs.56,250/ - per annum. I will adopt a multiplier of 13 as taken by the Tribunal and find the total dependency of Rs.7,31,250/ -. The Court has provided for Rs.5,000/ - towards funeral expenses and loss to estate. I will make a further addition of Rs.5,000/ - towards loss of consortium and another Rs.5,000/ - for loss of love and affection to the minor children. The total amount of compensation payable shall be Rs.7,46,250/ -. The amount in addition what has been awarded already by the Tribunal shall attract interest @ 6% per annum from the date of petition till the date of payment. As regards the manner of apportionment, the benefit of increase shall avail to the wife and children only.