VIJAYBHAI ANUBHAI Vs. RAHUL CHANDRAKANTBHAI

JUDGEMENT

(1.) Both these appeals are filed by the appellants who, at the relevant time, while moving MACP no.12/15 and MACP no.13/15, were minors. They both have challenged the common judgment and award passed on 11/4/2019 by MACT (Main), Surendranagar making a prayer for enhancement of compensation money.

(2.) Ms. Ajmera, learned advocate for the claimants has stated that the claimants- minors had sustained physical disability and in MACP no.12/15, the functional disability has been considered as 35% for the body as a whole, while in MACP no.13/15, the learned Tribunal has considered functional disability as 13% of the body as a whole, as consented by both the sides. Ms. Ajmera submits that the learned Tribunal was required to follow the yardstick laid down in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited and Anr., reported in AIR 2014 SC 736.

(3.) Per contra, learned advocate Mr. Rathin P. Raval submits that the learned Tribunal has considered the facts and evidence on record and the compensation granted is just and reasonable and thus, supporting the judgment, has made a prayer to dismiss the appeals.