LAWS(PAT)-2019-2-108

SABITA RANI Vs. HARI SHANKAR PRASAD

Decided On February 05, 2019
Sabita Rani Appellant
V/S
HARI SHANKAR PRASAD Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is barred by limitation of ten months and three days. The delay is explained in I.A. No. 6649 of 2017. Hence, the delay is condoned.

(3.) The appellants were claimants in Claim Case No. 74 of 2007 decided along with other claim petitions. There is no dispute at the bar that the deceased had left four dependents, who are claimants herein, ¼th deduction is permissible and not 1/3rd as held by the Hon'ble Supreme Court in Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in (2009) 6 SCC 121 . The Tribunal had wrongly deducted 1/3rd. Further there is no dispute that the deceased was a Class-II government servant. Hence, the claimants were entitled for the amount against future prospects of the deceased also.