CHANDRIKABEN RAJESHBHAI BABUBHAI Vs. ALKESHKUMAR BIPINCHANDRA SONI

JUDGEMENT

(1.) The present First Appeal arises from judgment and order dtd. 24/10/2018 passed in Motor Accident Claim Petition No.1153 of 2012 by the learned Motor Accident Claims Tribunal (Auxi.) and 6th (Ad-hoc) Additional District Judge, Panchmahals at Godhra.

(2.) The brief facts of the present First Appeal are as under :-

(3.) Learned advocate Mr. Makbul Mansuri appearing on behalf of the appellants - claimants submits that the learned Tribunal has erred in holding that the monthly income of the deceased was Rs.3500.00. He further submits that even if the minimum wages as prescribed by the Assistant Labour Commissioner, State of Gujarat is taken into account for an unskilled worker, the monthly income would be Rs.4820.00. He would submit that in absence of any cogent evidence, the learned Tribunal ought to have relied on the minimum wages as prescribed by the Government. He would therefore submit that the income of the deceased ought to have been assessed at Rs.4820.00. He further submits that in view thereof, the appellants - claimants are entitled to additional compensation.