DORUBHAI DHARMABHAI VASAVA Vs. NAGRAJ ANNABHAI CHAUDHARY

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) This is an appeal filed challenging the judgment and award dtd. 30/7/2018 passed by the learned Motor Accident Claims Tribunal at Rajpipla in MACP No.106 of 2015.

(3.) The facts in brief would indicate that on 19/1/2015, Hiteshbhai Dorubhai Vasava, the deceased was travelling in a truck bearing registration No.GJ-07U-5879 as a Cleaner of the truck going from Mandvi to Kim. As a result of an accident with a container No.GJ-05-YY-8034, Hiteshbhai Dorubhai Vasava sustained severe injuries and died. A claim petition was filed claiming compensation of Rs.15,00,000.00. The Tribunal in light of the pleadings especially when it was the case of the appellant that he can earn Rs.4,000.00 per month doing work of Cleaner and earn Rs.200.00 per month doing the work of labour. Though it was his case that that he would earn Rs.10,000.00 to Rs.11,000.00 a month, assessed the income as Rs.3,200.00 awarded an amount of compensation of Rs.4,15,600.00 under the different heads as stated in paragraph No.15 of the order which reads as under: