KISHORSINH DILUBHA Vs. ANILBHAI MANIRAM GONDALIYA

JUDGEMENT

(1.) In the present appeal, the appellants have assailed the judgment and award passed by the court of the Motor Accident Claims Tribunal (Auxiliary), Bhavnagar (Tribunal) in MACP No.373 of 2013.

(2.) Learned advocate appearing for the appellants has submitted that the Tribunal has ignored the fixed income of the deceased at the rate of Rs.3,000.00 per month, which is even lower than the minimum wages prevailing at that time as per the Minimum Wages Act , and instead of Rs.3,000.00, it should be fixed at Rs.5,330.00 as per the statute under the Minimum Wages Act for the period from 1/4/2013 to 30/9/2013. thus, it is submitted that accordingly, the future rise income of the deceased is also required to be reassessed. It is submitted that accordingly the total compensation awarded by the Tribunal is required to be enhanced.

(3.) Per contra, learned advocate Mr.Thomas appearing for the opponent no.3 has submitted that the impugned judgment and order does not require any interference since the same is appropriately passed.