CHAITRAM TANDIYA & ANR. Vs. BHUKHAN RAM & ORS.

JUDGEMENT

(1.) LEARNED counsel for the parties are heard on M.(C.)P. No. 1257/2004, a petition for condonation of delay in filing the appeal.

(2.) ON due consideration, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. M.(C.)P. No. 1257/2004, therefore, is allowed and the delay in filing the appeal in hereby condoned. Learned counsel for the parties are heard on admission.

(3.) THIS is claimants' appeal for enhancement of the compensation awarded by the Fifth Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 02.09.2003, passed in claim case No. 10/2002, As against the compensation of Rs.16,25,000/ - claimed by the claimants, unfortunate parents of deceased Prayag Tandiya, for his death in the motor accident on 01.09.2001, the Tribunal awarded a total sum of Rs.2,52,000/ - as compensation along with interest @ 9% per annum from the date of filing of the claim petitioner till the date of actual payment. Shri Goutam Khetrapal, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.2,52,000/ -only.