RAJDEEPSINH YOGRAJSINH GOHIL Vs. NARENDRASINH BAHADURSINH JADEJA

JUDGEMENT

(1.) ADMIT. Service of notice of admission is waived by learned advocate Mr. R.M. Meena for respondent No.2- Insurance Company.

(2.) The appellant-original claimant has challenged the judgment and dtd. 8/2/2021 passed by the M.A.C.T. (Aux. VII), Gondal in M.A.C.P. No. 90 of 2016 on the ground that the Tribunal has failed to appreciate the facts on record, particularly, the fact that the claimant was a minor-injured and has proceeded to award compensation as if it was a case of a major.

(3.) Learned advocate Mr. Nishit Bhalodi 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.