BALA DEVI AND ORS. Vs. RESHPAL AND ORS.

JUDGEMENT

(1.) Application for condonation of delay Keeping in view the averments s made in the application, the same is allowed. The delay of 37 days in filing the instant appeal is hereby condoned. Main appeal: The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani (in short 'the Tribunal'), vide award dated 27.2.1998, on account of death of Ram Chander, in a motor vehicular accident.

(2.) Learned counsel for the appellants contends that the deceased aged 42 years as owner of a saw mill and he had been supporting a family consisting five dependents. Therefore, the income assessed by the learned Tribunal i.e. Rs. 1200.00 as well as the deduction of ⅓rd towards personal expenses of the deceased is inadequate. No amount has been awarded towards future prospects, loss of consortium, loss of love and affection to the mother, funeral expenses.

(3.) On the other hand, the learned counsel appearing for the Insurance Company submits that the just and appropriate compensation has been awarded by the learned Tribunal. He prays for the dismissal of the appeal.