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Madras High CourtCMP/6322/2016allowed

R.Sivagami v. D.Srinivasan

2016-10-20Honourable Mr Justice T.Raja1 pages

CMP.NO.6322/2016 IN CMA.SR.NO.104469/2015 TRJ It is a case of fatal. At the time of accident, the deceased was 27 years old and was working as Driver. The claimants are wife, 2 children, aged 2 and 1 respectively and father. It is submitted that the Tribunal has fixed only Rs.5000/- as monthly income of the deceased and if it has fixed, compensation would have been higher, as the Tribunal has awarded a mere sum of Rs.8,25,000/- as against the claim of Rs.18,00,000/-. It is further submitted that since the claimants are illiterate, they have not filed appeal in time, apart from the fact that Insurance Company deposited the amount only on 8.11.13, though the Tribunal award dated 2.11.11, and this has accounted for two years delay. Though notice was served on the respondents, no one appeared for them.

In view of the above the delay of 1149 days in prefering the above appeal is condoned.

20.10.2016 rkm/yj