RABARI BAI JUBABEN Vs. HARSHADBHAI NATVERBHAI AMIN

JUDGEMENT

(1.) THIS appeal is filed by the appellants -original claimants, who are :he widow and major son of the deceased, against the judgment and award dated 19.4.1979 passed by Mr. D.C. Gheowala (as he then was), learned Member of M.A.C. Tribunal, Nadiad, in M.A.C. Petition No. 384 of 1978, awarding only Rs. 1,000/ - instead of Rs, 25,000/ - claimed by the claimants.

(2.) IN this appeal the claimants had claimed additional sum of Rs. 24,000/ -. However, Mr. Shelat, the learned advocate appearing for the appellants, requests to reduce the claim to Rs. 20,500/ - from Rs. 24,000/ -. Permission is granted to reduce the claim. Accordingly the claim is reduced, to Rs. 20,500/ - before effective hearing.

(3.) MR . Shelat has vehemently submitted that the learned Tribunal has committed an error in not awarding any amount for the economic loss. He strongly criticised the observation made by the learned Tribunal that 'on the contrary, at that age (80 years) he was not at all expected to earn anything and it appears that he might have been a liability to the family' and also the observation that, 'It appears that the old man lived with one foot in the grave and even without the accident he could not have lived for a long time.' He also submitted that the learned Tribunal has not only used intemperate language but its approach is also totally inhumane towards the claimants. He further submitted that the learned Tribunal has almost dismissed the claim of the claimants only because of certain incorrect or wrong statement made by Savabhai, son of the deceased, in his evidence, which annoyed the learned Tribunal much, therefore, the learned Tribunal has come down so heavily upon the claimants.