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2014 Supreme(P&H) 154

JITENDRA CHAUHAN
Kartar Kaur – Appellant
Versus
Manoj Kumar – Respondent


Advocates:
For the Appellants:Mr. Amit Dhawan, Advocate.
For the Respondent No. 1:Mr. Prateek Pandit, Advocate.
For the Respondent No. 2:Mr. RK Sharma, Advocate.
For the Respondent No. 3:Mr. Arun Sharma, Advocate for Mr. TK Joshi, Advocate.
For the Respondent No.4-cross-objector:Mr. BD Sharma, Advocate.

JUDGMENT

Mr. Jitendra Chauhan, J.:- Application for condonation of delay

Despite sufficient opportunity, no reply has been filed by the respondents.

Keeping in view the averments made in the application, the same is allowed. The delay of 89 days in filing the instant appeal is hereby condoned.

Main appeal

1. The present appeal has been filed by the claimants, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Jalandhar (for short ‘the Tribunal’), vide award dated 21.12.2010, on account of the death of Sukhdev Singh, in a motor vehicular accident. Respondent No.4 has also filed crossobjection.

2. Learned counsel for the appellants contends that the deceased was a carpenter and he was employed in Dubai. However, the learned Tribunal assessed his income at Rs.3000/- per month, which is on the lower side, whereas, no amount has been awarded towards future prospects. The deceased was the sole bread earner of the family. He left behind old parents and widow. The deceased was 34 years of age at the time of his death and therefore in view of the law laid down by the Hon’ble Supreme Court in Sarla Verma and others vs. DTC and another, [2009(3) Law Herald



























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