IKBALBHAI ISMAILBHAI VAHORA Vs. GIRDHARISING HIRASING CHAUHAN

JUDGEMENT

(1.) By way of this First Appeal, the appellants have challenged the award dtd. 27/1/2020 passed by the Chairman, Motor Accident Claims Tribunal (Main), Anand in MACP No.178 of 2017, whereby the Tribunal was while partly allowing the claim, it is to hold that the claimants are entitled to recover compensation of Rs.13,26,614.00 with interest at the rate of 9% per annum from the date of claim till realization as against the claim of Rs.20,00,000.00 made by the appellants. Being aggrieved by the aforesaid for enhancement the present appeal is preferred.

(2.) Learned advocate Mr. Nishit A. Bhalodi appearing for the appellants pointed out that while considering the claim of the appellant, the Tribunal has taken into consideration sum of Rs.5,500.00 as gross monthly income of the deceased-appellant, whereas, as per the Minimum Wages Act, the aforesaid amount would come to Rs.7,700.00, and therefore, even if, for the purpose of rounding up considered to be Rs.7,500.00 per month then also the amount awarded by the tribunal is much less than the entitlement of the present appellants. It was also pointed out by the learned advocate for the appellants that consolidated amount of Rs.70,000.00 is also awarded by the Tribunal towards the round figure which consists of funeral expenses, loss of estate and loss of consortium. However, considering the fact that there are 6 dependent persons, the loss of consortium was required to be awarded at Rs.2,40,000.00 considering an amount of Rs.40,000.00 to each of the dependent, and therefore, the award is required to be modified suitably by enhancing the amount towards future loss based upon the monthly salary of the present appellant based upon minimum wages and the amount of consortium awarded by the Tribunal.

(3.) As for as the minimum wages is concerned, the learned advocates Mr. Gadhia and Ms. Pathak appearing for the Insurance Company could not dispute the fact that at the relevant point of time the minimum wages at Rs.7,700.00. However, considering the fact that the learned advocate for the appellants has submitted that if the amount is rounded of at Rs.7,500.00, he does not have any objection if the award is passed based upon monthly minimum wages of Rs.7,500.00 per month, and therefore, in view of that considering the fact that the relevant point of time the minimum wages Rs.7,700.00 per month, the amount of future loss of income required to be considered by keeping in mind the minimum wages at the rate of Rs.7,500.00 per month. Similarly, it is undisputed fact that the present appellant has 6 dependents and each dependent is entitled to Rs.40,000.00 towards loss of consortium, and therefore, even that amount is also required to be enhanced by modifying the award suitably.