GEB Vs. HEIRS OF DECD.RUPIBEN CHANABHAI KODPATAR

JUDGEMENT

(1.) The present First Appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment and order dtd. 29/9/2001 passed by learned Civil Judge (S.D.), Rajkot at Dhoraji in Special Civil Suit No.208 of 2001, awarding compenstion of Rs.2,67,500.00 along with 12% interest p.a. to the claimants.

(2.) Learned advocate Mr.S.D.Motwani for learned advocate Mr.Dipak Dave for the appellant has submitted that the Court below has fallen in error in determining the amount of the deceased at Rs.1,800.00 i.e. Rs.60.00 per month, in absence of any evidence produced by the claimants before the Court below. He has submitted that neither the documentary evidence nor oral evidence will suggest that the deceased was earning an amount of Rs.60.00 per day and hence, the amount of compensation, which is calculated on such fixation of the income, is required to be set aside. It is submitted that in absence of any proof of income, the claimant(s) would be entitled to the minimum wages, as prescribed by the State Government. He has submitted that, at the relevant time, between 1/10/1997 to 31/3/1998, the State Government had fixed the minimum wages at Rs.1,600.00 and hence, the impugned judgment is required to be quashed and set aside. Further, it is submitted that the rate of 12% interest p.a. is also exorbitant. It is also submitted that the husband of the deceased would also not be entitled to the compensation and the compensation cannot be held as a dependent. Thus, he has submitted that the impugned order may be modified to the aforesaid extent.

(3.) Per contra, learned advocate Ms.Nasrin Shaikh for Mr.Pankaj Desai, learned advocate for the original claimant(s) has submitted that the impugned order does not require any interference and the same may not be disturbed after so many years, as the claimant(s) would be put to difficulty.