NIRMALABEN Vs. GAFURBHAI IBRAHIMBHAI

JUDGEMENT

(1.) This First Appeal is preferred by the appellants against the impugned judgment and award dtd. 25/2/2019 passed in Motor Accident Claims Petition, being MACP No.162 of 2013 by the Motor Accident Claims Tribunal (Main), Surendranagar, whereby the learned Tribunal has partly allowed the claim of the appellants herein and awarded an amount of Rs.10,62,000.00 along with interest @ 9% per annum from the date of claim petition till realization as compensation.

(2.) The Brief facts leading to the case are as follows:

(3.) Ms. Amrita Ajmera, learned advocate appearing for the appellants submits that the learned Tribunal has erred in calculating the just and proper compensation in the present case. She submits that the learned Tribunal has divided the claim for compensation in two parts i.e. pre-retirement and post-retirement in the case of the deceased. She submits that though the age of the deceased at the time of the accident was about 54 years, he would have continued to work after retirement, and therefore, there was an error in calculating the income as well as the future prospect income of the deceased. She further submits that even the compensation granted under the conventional heads is inadequate and ought to be enhanced.