+ MAC.APP. 660-63/2006
SMT.SUSHILA DEVI & ORS. ..... Appellants Represented by: Mr.O.P.Mannie, Advocate.
Versus
NARESH KUMAR & ANR. ..... Respondents Represented by: Mr.Zahid Ali for Mr. A.K. De, Advocate for Respondent No.2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J.
1. Instant appeal has been preferred against the impugned award dated 05.05.2006, whereby the learned Tribunal had granted compensation for a sum of Rs.30,76,000/- with interest at the rate of 8% per annum from the date of filing the petition till realization of the amount.
2. The present appeal has been filed for enhancement of the compensation amount noted above.
3. Learned counsel appearing on behalf of the appellants has argued that Naresh Kumar died in the accident occurred on 09.10.2003. On the said date, he was around 38 years old, as his date of birth was 15.01.1966.
MAC.APP.660-63/2006 Page 1 of 7 During the trial, mother of the deceased had expired and thereafter the remaining dependants were the widow, two minor sons and father of the deceased. He submitted that keeping in view the number of dependants, the learned Tribunal had deducted 1/3rd towards personal expenses.
4. Learned counsel submitted that though at the time of the death, there were five dependants, but mother of the deceased had died d