TUSHARKUMAR RAJARAM PATEL Vs. MAHENDRABHAI RAWAJIBHAI THAKOR

JUDGEMENT

(1.) The injured claimant is challenging the judgment and award dtd. 21/3/2018 passed by the MACT (Main), Panchmahal at Godhra in MACP no. 282/11 raising the ground that the income has not been considered in accordance to the evidence. It was stated in the affidavit that at the time of the accident, the applicant - claimant was working as Machine Operator in Gajanand Saw Mill and thereby, earning Rs.8,000.00 per month and to substantiate the same, they have examined owner of Gajanand Saw Mill at Exh.24.

(2.) Mr. Bhalodi, learned advocate for the appellant submits that the learned Tribunal has considered only Rs.3,600.00 per month as the income of the applicant though the fact was proved by the owner of Gajanand Saw Mill at Exh.24.

(3.) While countering the same, Mr. Gadhia, learned advocate for the insurance Company stated that though the said witness appeared before the Tribunal, but has admitted that he was not maintaining any accounts and therefore, the contention of receiving Rs.8,000.00 per month as a salary could not be proved. Further, the witness could not even produce any attendance sheet or salary slip of his employees to even support the case of the applicant being his employee and further states that the said witness is the father of the claimant.