KOKILABEN DHANJIBHAI VASAVA Vs. NANJIBHAI UKKADBHAI VASAVA

JUDGEMENT

(1.) The present appeal is filed by the appellants - claimants against the judgment and award dtd. 5/7/2018 passed by the Motor Accident Claims Tribunal (Auxi.), Nadiad in M.A.C.P. No.427 of 2011, whereby the Tribunal has allowed the claim petition and awarded Rs.7,18,261.00 towards the compensation to the claimants.

(2.) The appellants had filed Motor Accident Claim Petition No.427 of 2011 before the Motor Accident Claim Tribunal (Auxi.), Nadiad, claiming the compensation of Rs.20,00,000.00 under the different heads for the accidental death of husband of the appellant No.1 and father of the appellant Nos.2 and 5 and son of the appellant No.6 in the accident.

(3.) Learned advocate Mr.Mansuri, has submitted that the Tribunal has committed grave error in considering the income only of Rs.3,100.00 p.m. since the appellant is doing labour work, at least his income should be assessed and fixed at Rs.4,210.00 as per the norms prescribed by the State of Gujarat under the Minimum Wages Act, 1948 for the period from 1/10/2010 to 31/3/2011, since the fatal accident has occurred on 28/1/2011. Learned advocate Mr.Mansuri, has further submitted that the prospective income accordingly was required to be considered by the Tribunal and fixed. Learned advocate Mr.Mansuri, has further submitted that as per the decision of the Apex Court in the case of National Insurance Company Ltd., Vs. Pranay Sethi and ors. [AIR 2017 SC 5157], the Tribunal ought to have fixed the compensation. Thus, it is submitted that the impugned judgment and award passed by the Tribunal is required to be modified accordinlgy.