KOMALBEN KISHORBHAI DATANIYA Vs. AARIF JUMMAKHAN KHOKHAR

JUDGEMENT

(1.) The appeal is filed challenging the judgment and award dtd. 28/11/2017 passed by the MACT, Gandhinagar in MACP no.158/14 towards compensation amount granted to the heirs of the deceased.

(2.) The facts of the case suggest that on 18/2/2014, the deceased was doing labour work in Shreya Farm, Adalaj and at that time at about 08:00 p.m., driver of crane no.GJ-1 LQ-7989 lost control on the crane and it is stated that Doli of the crane fell on the deceased and he sustained grievous injuries and thereafter succumbed to it. An offence was registered at the Police Station and it is stated that it was because of the negligence on the part of the driver of the crane he lost control over it and thereby, the accident has occurred.

(3.) Mr. Soni for the claimants submits that the awarded amount is not in accordance to the evidence on record. The deceased was working at Muscat, Sultanate of Oman for past many years as helper in Purshottam Kanji Exchange and Co. and thereafter, he returned to India. Mr. Soni submitted that later on while cleaning the wardrobe of the deceased, the salary slips were found and according to the slips, monthly earning of the deceased was Rs.60,000.00 to Rs.70,000.00 per month but the claimants were not aware about the said documents and hence, could not be produce on record and the prayer is made to consider the same as additional evidence.