Present :- Mr. Digvijay, Advocate for

Mr. Ashish Gupta, Advocate

for the appellant.

Mr. Jogendra Pundir, Advocate with

Mr. Vivek Sharma, Advocate for

Mr. Manoj Pundir, Advocate

for respondents No.1 & 2.

Mr. Pradeep Kumar, Advocate

for respondent No.3-Ins. Company.

PANKAJ JAIN, J. (ORAL)

CM-15872-CII-2013

This is an application seeking condonation of delay of 2542 days in filing the present appeal.

Learned counsel for the insurance company has opposed the same.

The claim petition was filed by widow along with her three minor children seeking compensation on account of her late husband who died in a motor vehicular accident at the age of 40 years. Tribunal has treated him as an unskilled worker. Present appeal has been preferred by one of the daughters on attaining majority.

Keeping in view the peculiar facts and circumstances of the case, the beneficial objective behind the enactment and the fact that no 3rd party right has accrued in the period interregnum, this Court finds that the delay in filing the appeal deserves to be condoned. However, in order to balance the equities the claimants shall not be entitled for interest for delayed period of 2542 days.

Application stands disposed off.

FAO-3906-2013

1. The claimant is in appeal seeking enhancement of compensation awarded in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, on account of death of Rajbir, who died in a motor vehicular accident dated 24.02.2005.

2. The compensation needs to be re-worked in terms of ratio of law laid down by Supreme Court in the case of Sarla Verma and others v. Delhi Transport Corporation and another, 2009 ACJ 1298, National Insurance Company Ltd. vs. Pranay Sethi and others, 2017(4) RCR (Civil)1009 and Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram & ors., 2018(4) RCR (Civil) 333. The award is modified as under :-

3. With the aforesaid modification in the impugned award, the appeal is disposed off.