This order grants a delay condonation application and subsequently dismisses a civil appeal by the Motor Accident Claims Tribunal lack of any illegality in its award and no scope for enhancement of the compensation amount.
Delay condoned. Appeal dismissed summarily as no illegality found in the Tribunal's award.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal From Order No. 549 of 2012 with
CLMA No. 12335 of 2012
….....Appellants.
Versus
…............ Respondents
Shri Mangal Singh Chauhan, Advocate, present for the appellants.
Hon’ble Prafulla C. Pant, J.
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This is Delay Condonation Application No. 12335 of 2012 for condonation of delay in filing the appeal against award dated 22.12.2011, passed by Motor Accident Claims Tribunal/District Judge, Rudraprayag, in Motor Accident Claim Case No. 03 of 2011
(2) Delay in filing the appeal is sufficiently explained in the affidavit of Vijya Devi (appellant no.1).
(3) Delay Condonation Application No. 12335 of 2012 is allowed. Delay is condoned.
(4) Also heard on admission and perused the impugned award.
(5) The deceased Anil Singh, was driver of the truck bearing Registration No. UA07-8823 which met with an accident allegedly due to the technical fault. Driver Anil Singh suffered injures and died in the accident. He was aged 32 years. The Tribunal has assessed his notional income at ` 36,000/- per annum, as there was
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no proof of salary of the deceased. After deducting 1/3 of his income which the deceased would have spent on himself, the trial court has assessed the financial loss at 24,000/- per annum to the claimants. After applying multiplier of 16 the tribunal awarded 3,84,000/- as compensation for financial loss and further 15,000/- towards the funeral expenses and consortium, as such, the total amount of 3,99,000/- with 7 % interest per annum there on, was awarded to the claimants which appears to be just and reasonable in the facts and circumstances of the case.
(6) In the above circumstances, this court finds that there is no illegality in the award and there is no scope of enhancement in the amount of compensation.
(7) Accordingly, the appeal is dismissed summarily.
(Prafulla C. Pant, J.)
NP
Dt.09.05.2013
2 issues framed by the court
Whether the delay in filing the appeal against the award of the MACT can be condoned.
Whether the assessment of compensation by the Tribunal is legal and reasonable.
Smt. Vijya Devi and others
Balwant Singh
Universal Sompo General Insurance Company Ltd.
Prafulla C. Pant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
