MINOR KALPESHBHAI RAMESHBHAI PARMAR Vs. NADIMBHAI ABBASBHAI SHAIKH

JUDGEMENT

(1.) The appellant-original claimant has challenged the judgment and award dtd. 25/10/2017 passed by the MACT (Aux.), Kheda at Nadiad in MACP No.232 of 2014 on the ground that the Tribunal has failed to appreciate the material on record in its proper perspective.

(2.) Learned advocate Ms. Pooja Hotchandani for the appellant-original claimant contended that the Tribunal has committed gross error in passing the impugned judgment and award in view of the fact that though the original claimant was a minor at the time of accident, it has calculated compensation as per the structured formula, referring the notional income. Hence, the impugned judgment and award deserves to be quashed and set aside.

(3.) Reliance was placed upon the decision of Apex Court in the case of Mallikarjun v. Divisional Manager, National Insurance Company Limited and another , (2014) 14 SCC 396, more particularly, on the observations made in paragraph-12, which reads thus;