UNITED INDIA INSURANCE CO LTD Vs. KANAK PAUL

JUDGEMENT

(1.) This appeal is directed against the order dated 18.1.96 passed by the learned Single Judge (See the decision reported in (1996) 1 BLJR 473 (RB), whereby he has reduced the compensation" awarded to the Respondents from Rs. 3,84,000/- to Rs. 3,00,000.

(2.) Against that order, the Insurance Company has come up in appeal. Along with this appeal an application has been filed for condonation of delay in filing this appeal is barred by 6 days. The ground taken is procedural delay is office. Be that as it may, we have gone through the impugned order of the learned Single Judge and heard learned Counsel for the parties to some extent. The accident took place on 23.10.92 in which Ambuj Chandra Paul, an employee of Fertilizer Corporation of India, Sindri died where he was senior Operator in Nitric Acid plant. He was drawing a salary of about Rs. 5,000/- per month and his home-take salary was about Rs. 4,000/- per month. He left behind him his widow, four daughters and one son. The Motor Accident Claim Tribunal after considering whole aspect of the matter awarded a sum of Rs. 3,84.000/- to the legal heirs of the deceased. An appeal was filed by the Insurance in this Court and in mat appeal the learned Single Judge reduced the compensation for Rs. 3.00.000/-. He has also relied upon a decision of the Supreme Court in the case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Ors. .

(3.) We have been told that till date a sum of only Rs. 25.000/- has been paid to the legal heirs of deceased Mr. Paul.