LAWS(GJH)-2012-3-48

HEIRS OF DECEASED GIRDHARBHAI Vs. RAKESHBHAI GOPALBHAI

Decided On March 29, 2012
Heirs Of Deceased Girdharbhai @ Girishbhai Devjibhai, Rekha And Ors. Appellant
V/S
Rakeshbhai Gopalbhai Khanpara And Ors. Respondents

JUDGEMENT

(1.) Since the accident had taken place nearly 13 years back in the year 1999 and since the Claims Tribunal had awarded compensation which in our opinion was extremely conservative, we had taken up this appeal for final hearing at the admission stage with the consent of the learned Advocates appearing for the contesting parties as was recorded previously in our order dated 14.3.2012.

(2.) The appellants original claimants have challenged judgement and award dated 10.12.2010 passed by MACT(Aux.) Gondal, Camp at Jetpur in MACP No.1239/1999. Brief facts may be noted at the outset.

(3.) On the basis of evidence on record, Counsel Shri Sheth for the appellants vehemently contended that the Tribunal erred in adopting sum of Rs.8041/ - as income available to the family of the deceased. He submitted that there were periodical pay revisions applied by the employer. Such pay revisions also ought to have been taken into account. In particular Counsel submitted that the Tribunal committed gross error in reducing such dependency benefits by Rs.7000/ - only on the ground that widow of the deceased was granted compassionate appointment by the employer.