SAVITABEN Vs. KHODABHAI HEMUBHAI CHAUHAN

JUDGEMENT

(1.) The present appeal is filed by the original claimants for enhancement of the amount of compensation awarded by the Motor Accident Claims Tribunal (Auxi), Vadodara dtd. 1/11/2010 in MACP No. 1424 of 2007, whereby the Tribunal has partly allowed the claim petition of the claimants and awarded Rs.3,50,000.00 with simple interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of realization.

(2.) The brief facts of the present case are as under.

(3.) Learned advocate for the appellants - original claimants has submitted that the Tribunal has not properly considered the income of the deceased while determining the compensation. It is submitted that even the Tribunal has committed error by not considering the prospective rise in the income of the deceased. It is also contended that the Tribunal has committed an error by awarding the amount under the head of loss of estate, consortium and funeral expenses. Learned advocate for the appellants has candidly submitted that though there was no proof of income before the Tribunal but considering the minimum wages, the appellants are entitled to receive some higher compensation and submitted that the amount of compensation may kindly be enhanced.