NAZIRKHAN HUSENKHAN PATHAN Vs. GOHEL KARNBHAI PRABHATBHAI

JUDGEMENT

(1.) The present First Appeal is filed against the judgment and award dtd. 11/6/2018 passed by the M.A.C.Tribunal (Auxiliary), Kheda at Nadiad in M.A.C.Petition No.124 of 2011.

(2.) The factual matrix in the present appeal is as under:-

(3.) Mr. R.G.Dwivedi, learned advocate for the appellant, submits that the learned Tribunal has erred in assessing the income of the appellant at Rs.3,000.00 per month. He would submit that in absence of any cogent evidence brought on record by the claimant, his income should be assessed as per the Minimum Wages Act and therefore, the monthly income of the appellant ought to have been considered at Rs.4,240.00 i.e. the minimum wages as prescribed by the Assistant Labour Commissioner, Government of Gujarat, for unskilled labour. He would further submit that the learned Tribunal has also erred in considering permanent disability at 50% with respect to the whole body and that the permanent disability ought to have been considered completely for the purpose of calculation of compensation and the learned Tribunal erred in taking permanent disability at 19%. He further submits that the learned Tribunal ought to have also awarded more amount towards medical expenses as well as pain, shock and suffering. He, therefore, submits that the impugned judgment and award be modified and the appellant ought to be granted compensation assessing his monthly income as per the minimum wages. He submits that the appellant is entitled to compensation of at least Rs.2,50,000.00 by way of enhancement.