(1.) Challenge in this appeal has been given to the judgment and award dtd. 2/12/2021 passed in Motor Accident Claim Petition No. 161 of 2017 by the learned Motor Accident Claims Tribunal (Auxiliary), Mahesana. The main dispute is raised towards assessment of the monthly income. It is stated by learned advocate Mr. Nishit Bhalodi for the appellants - claimants that the deceased was a labourer and was working with Vimal Dairy at Mahesana and was earning Rs.8,000.00 per month. Therefore, considering the date of accident which is 6/2/2017, following Consumer Price Index and Cost of Inflation Index, the learned Tribunal could have, at least, appreciated the Minimum Wage Schedule to consider the income of the deceased.
(2.) The learned advocate for the appellants further stated that the amount under head of Loss of Consortium ought to have been granted to all the claimants in accordance with the decision of the Apex Court in Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (2018) 18 SCC 130.
(3.) While countering the arguments, learned advocate Mr. Rathin Raval for the respondent No. 2 - insurance company stated that since the appellants - claimants could not prove the actual income of the deceased, the learned Tribunal has rightly considered the monthly income of Rs.3,000.00 of the deceased.