GOPALBHAI JINABHAI Vs. MEENABEN GOPALBHAI BAROT

JUDGEMENT

(1.) The present First Appeal arises out of the challenge to impugned judgment and award dtd. 30/11/2017 passed in Motor Accident Claim Petition No.116 of 2014 whereby learned Motor Accident Claims Tribunal, Surendranagar has awarded a compensation of Rs.1,61,800.00 to the appellant - claimant.

(2.) The brief facts leading to filing of the present First Appeal are as follows :-

(3.) Learned advocate Ms. Amrita Ajmera appearing on behalf of the appellant - claimant submitted that the learned Tribunal has grossly erred in considering the income of the appellant at Rs.10,000.00 per month when he had produced the income-tax returns of three years which showed the constant average income of the appellant at Rs.2,61,000.00 per annum. She submitted that accordingly, the average income of the appellant was Rs.21,750.00 per month. She further submitted that the learned Tribunal has not taken the same into consideration while assessing the future income at Rs.10,000.00. She submitted that there was no evidence available on record to show that in future, the income of the appellant would decline. She submitted that the learned Tribunal has assessed considering the annual income of the appellant and the same ought to be considered at Rs.2,61,000.00 being the average of three income-tax returns which were produced on record. In view thereof, she submitted that the compensation needs to be reassessed and the appellant herein is entitled to additional compensation.