RAMBHABEN GORDHANBHAI Vs. BHARATBHAI AMRSHIBHAI

JUDGEMENT

(1.) The present First Appeal impugns the judgment and award dtd. 28/4/2017 passed by the 5 th Additional District Court and Motor Accident Claims Tribunal (Auxiliary), Surendranagar in M.A.C.Petition No.1 of 2010.

(2.) The brief facts giving rise to the present First Appeal are as follows:-

(3.) Ms. Amrita Ajmera, learned advocate for the appellants submits that the learned Tribunal erred in granting compensation on lower side. She submits that the deceased was a prosperous farmer having about 12 vighas of land and was doing agricultural work with his own tractor. She further submits that in support thereof, the appellants had also produced on record 7/12 extract of the agricultural land. She submits that even if there was no direct evidence showing the income of the deceased on record since the widow and her children could not produce the same, it could be safely assumed that the deceased was earning a good amount from his agricultural work. She submits that the learned Tribunal has not given any cogent reasons for considering the monthly income of the deceased at Rs.3,000.00 per month in order to grant compensation. She submits that even under the Minimum Wages Act , unskilled labour is entitled to Rs.3,800.00 per month and the learned Tribunal ought to have calculated a fair amount towards the monthly income. She submits that the claimants are entitled to enhanced compensation and the impugned judgment and award be modified accordingly.