PATEL ALPABEN YOGESHKUMAR Vs. JADEJA BHANVARSINH UMEDSINH

JUDGEMENT

(1.) The widow and the minors are the appellants who have challenged the judgment and award dtd. 27/8/2019 passed by the MACT (Aux), Mehsana at Visnagar in MACP no.1337/2012, which was originally registered as MACP no.512/2011 primarily on the ground that the income of the deceased has not been assessed in right perspective. Mr. Thakore, learned advocate for the applicants submitted that the deceased was an agriculturist and he was owning the agricultural land. The relevant documents by way of village form no.7/12 were produced on record at Exh.18 and the learned Tribunal by taking into consideration the date of the accident should have assessed the income for the loss of managerial skill. Mr. Thakore stated that the amount of Rs.3,000.00 assessed as notional income does not commensurate to the documents produced on record for the loss sustained by the family of the managerial skill of the deceased to look after the agricultural land.

(2.) Mr. Thakore further stated that the learned Tribunal was also required to grant consortium amount as per the decision in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram and Ors., reported in (2018) 18 SCC 130 to all the claimants.

(3.) Countering the arguments, Mr. Deepak Aloria, learned advocate for respondent no.2 stated that the claimants had failed to prove any evidence on record to show the income generated from the agricultural property for the Court to assess a managerial skill and thus, stated that the amount of Rs.3,000.00 as granted by the Tribunal is just and proper. It is submitted that the loss of consortium has been granted to the widow and the total amount is reasonable to consider it as just and proper.