SONABEN GANGABHAI KARSANBHAI RABARI Vs. JIVANSINGH HARDIPSINGH

JUDGEMENT

(1.) The present appeal is filed by the appellants - original claimants against the judgment and award dtd. 11/4/2018 passed by the Motor Accident Claims Tribunal (Auxi), District Patan in M.A.C.P. No.285 of 2013, wherein and whereby, the Tribunal has awarded the total amount of Rs.6,19,500.00 towards the compensation with 9% interest.

(2.) Learned advocate Mr.Mansuri, at the outset, has submitted that the Tribunal has fallen in error in determining the income of the deceased at Rs.5,000.00, while computing quantum of compensation. He has submitted that the statements of the independent witnesses, which are recorded below Exhs.30, 37, 38 and 39 indicate that the deceased was earning an amount of Rs.15,000.00 per month by selling milk as well as animals i.e. goats, cows and buffalos. Learned advocate Mr.Mansuri, has submitted that assuming that no documentary evidences with regard to the actual earning of the deceased were submitted, then also, it is an established fact that the deceased was doing such business. Learned advocate Mr.Mansuri, has submitted that even the rate of Minimum Wages as prescribed by the State of Gujarat for the period from 1/4/2013 to 30/9/2013, for skilled category is at Rs.5,470.00, which is more than the income determined by the Tribunal and hence, it is submitted that looking to the income, as prescribed under the Minimum Wages Act , 1948 by the State Government and the oral evidence, the income of the deceased is required to be considered and accordingly, the compensation is required to be enhanced.

(3.) Per contra, learned advocates appearing for the respective respondents have submitted that no interference is required in the judgment and award since no documentary evidences suggesting that the deceased was earning Rs.15,000.00 was produced on record and hence, no interference is required.