M.S. Liberhan, A.C.J.@mdashLearned counsel for the appellant contends that since no prayer for payment of interest was made either in the
claim petition or in the grounds of appeal before the appellate Authority, relief of interest could not be granted. The second submission of the
learned counsel for the appellant is that since the deceased was not earning anything as he was student of B.Sc. first year, claimants were not
entitled to any. compensation.
2. In our considered view, the Court can always mould the relief in the facts and circumstances of a particular case. Even otherwise interest is an
ancilliary relief to be given while awarding compensation. Thus, we find no force in the first contention of the learned counsel.
3. The second contention of learned counsel that since the deceased was earning nothing at the time, of his death as he was a student, claimants
were not entitled to any compensation, has also no force. In ordinary course his minimum income can well be determined at the rates approved by
the Government for daily wagers, who are totally illiterate. Thus, in the facts and circumstances of the present case, compensation of Rs.50,000/-
cannot be said to be on the higher side. It is rather just a consolation.
4. For the reasons recorded above, this appeal fails and is hereby dismissed. Nor orders as to costs.