GHULAM NABI GANAI Vs. GHULAM MOHD WANI

JUDGEMENT

(1.) Appellant has assailed the award passed by learned Presiding Officer, M.A.C.T., Anantnag in the file titled as Ghulam Nabi Ganai v. Ghulam Mohammad Wani, on the ground that just compensation has not been awarded to the claimant.

(2.) It seems rather, it is admitted that the respondents have not challenged the award. Thus there is a dispute only about the quantum of compensation. In order to appreciate and return finding, it is necessary to give a brief resume of the claim petition, the womb of which has given birth to the present appeal.

(3.) The appellant Ghulam Nabi Ganai filed claim petition on 29/12/1989 before the Tribunal and claimed compensation to the tune of Rs. 3,50,000 for the death of his son, namely, Bilal Ahmad Ganai, aged 12 years. Claimant has claimed the said compensation by pleading that the deceased was 12 years of age at the time of accident and was trained in carpet weaving and was earning at that time Rs. 500 per month and with the lapse of time, his earning would have been more than Rs. 10,000 per month and the deceased was the lone son of the petitioner. Defendant Nos. 1 and 2 have been set ex pane and respondent No. 3 has filed written statement and issues were framed and after framing issues, the award has been passed.