BHARATBHAI BHUDIYABHAI DAMOR Vs. NARENDRASINH MOTISINH PARMAR

JUDGEMENT

(1.) By way of this Appeal, the Appellant - original claimant has challenged the judgment and award dtd. 27/3/2018 passed by the learned Motor Accident Claims Tribunal (Main), Dahod in M.A.C.P. No.467 of 2008 seeking enhancement of the compensation awarded.

(2.) Learned Advocate for the appellant Mr. Nishit A. Bhalodi submits that the accident occurred on 8/3/2008 and the injured was a mason. Necessary documents have been produced on record to show the functional disability and the other side had no objection if the permanent disability is taken as 15% of the body as whole. It is submitted that the learned Tribunal had erred in placing reliance on the minimum wages for industrial labourers approved by the Government, rather it should have considered that the appellant was a skilled person and thus ought to have considered the income on a higher side. It is further submitted that because of the injury, the claimant could not work for more than three months and that fact was not considered by the Tribunal and hence, the above Appeal has been preferred.

(3.) Countering the above arguments, learned Advocate Mr. Vibhuti Nanavati submitted that the learned Tribunal has rightly placed reliance on the minimum wages for industrial labourers and has appreciated the evidence on record in its right perspective and thus, urged to reject the Appeal.