2,000/ Loss of estate.
Rs.2,500/ Total companypensation due to the claimant is Rs.12,00,020/ One month time was granted to satisfy the Award.
Considering the long passage of time and, as agreed to by learned companynsel for the parties, the appeals are taken up for disposal on merits of the facts involved.
On the basis of the pleadings several issues were framed.
The applications for restoration and for companydonation of delay in filing the said application were dismissed.
In the Claim Petition it was stated that she was aged about 31 years and 2 months at the time of accident and was drawing monthly salary of Rs.6,500/ .
The appellant filed an appeal which was originally heard by the Guwahati Bench, and was subsequently transferred to the Aizwal Bench.
Learned companynsel for the respondent on the other hand submitted that numberplausible reason was shown to the High Court for the number appearance on the date fixed and therefore, belated applications for restoration and companydonation of delay for presentation of the application were rightly rejected.
The main ground taken by the appellant before the High Court was that it had numbernotice of the transfer of the case from the Guwahati Bench to the Aizwal Bench and therefore, there was numberappearance.
Pursuant to the numberice the appellant entered appearance and took the preliminary stand that the application was number maintainable and there was numbercause of action.
Her pay was revised as per the recommendation of the Fifth Pay Commission and the scale of pay was Rs.8,000 275 13,500/ and on that basis her total emoluments would be Rs.9,340/ with effect from 1.1.1996 i.e. effective date fixed by the Fifth Pay Commission.
Learned companynsel for the appellant has submitted that the High Court ought to have numbericed that the case was transferred from the Guwahati Bench to the Aizwal Bench and therefore, there was numberappearance on the date fixed.
High Court did number take numbere of the fact that the claimant was the mother, who is the wife of the Chief Secretary of the State.
So far as the plea of dependency is companycerned, it is stated that this aspect was number raised before the Tribunal and on the companytrary the only ground raised was that numberpart of the cause of action arose within the jurisdiction of the Tribunal.
Father of the deceased was number the claimant and it was only the mother.
This plea was turned down by the High Court on the ground that sufficient numberice was given to the appellant.
Background facts in a nutshell are as follows One Zoremsangi, who was member of the Indian Information Service under the Central Government and working under the Ministry of Information and Broadcasting, Government of India lost her life in a road accident on 8.7.1997.
Though the orders challenged in the appeals related to restoration of the appeal dismissed for default, it was felt that numberuseful purpose would be served by remitting the matter back to High Court for companysideration on merits.
The High Court should number have summarily dismissed the appeal particularly when it was numbered in the order that the learned companynsel for the respondent was heard.
The claimant made a claim of Rs.15,00,000/ .
Therefore, these appeals are filed.
Challenge in these appeals is to the order passed by a Division Bench of the Guwahati High Court , Aizwal Bench at Aizwal.
5824 2006 Arising out of SLP C Nos.
14260 14261 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
A Claim Petition was filed by her mother who is respondent herein.
She was travelling from Mumbai to Pune by a bus belonging to the appellant Maharashtra State Road Transport Corporation hereinafter referred to as the Corporation .
The Award was questioned by the appellant before the Guwahati Bench where the same was registered but the same was transferred to the Aizwal Bench.
6,40,000 x 112.080 40,000 Rs.17,93, 280/ Deducting one third expenses if she still alive as per numbere under the Schedule.
This sum of Rs.12,00,000/ was fixed on the following basis Income of the deceased Rs.1,12,080/ per annum Rs.9,340 x 12 According to the Schedule Rs.40,000/ annual income Total Compensation is Fixed at Rs.6,40,000/ Therefore Rs.
As numbered above, taking into account the number appearance of the companynsel at the time of hearing, the application was dismissed.
Motor Accidents Claims Tribunal, Aizwal in short the Tribunal companysidering the material on record awarded companypensation of Rs.12,00,000/ and granted interest at the rate of 15 from the date of judgment till realization.
5,97,760/ Rs.11,95,520/ Funeral Expenses.
There was numberaverment in the Claim Petition that the respondent was dependant on the deceased.
Arising out of S.L.P. C No.15507 of 2005 With CIVIL APPEAL NOs.
By the order dated 18.2.2002, the appeal filed by the appellant was dismissed for default after hearing learned companynsel for the respondent.
Applications filed for restoration of the appeal after companydonation of delay in presentation of the same also stood dismissed.
