NIKUNJ THAKORBHAI PRAJAPATI Vs. BIPINCHANDRA RASHIKLAL JAYHSWAL

JUDGEMENT

(1.) The challenge is given to judgment and award in Motor Accident Claims Petition No.490 of 2015 dtd. 13/3/2020 by Motor Accident Claims Tribunal (Aux), Vadodara.

(2.) Mr.Nishit Bhalodi, learned advocate for the claimant submitted that income has not been assessed in accordance with the date of accident and inflation index of the relevant time. He stated that learned Tribunal ought to have taken into consideration the minimum wages schedule to take the assistance for assessing monthly income.

(3.) While Mr.Chirayu Mehta stated that learned Tribunal has considered the income in accordance with the evidence so produced and considering the fact that the deceased was selling earthern-wares, while no documentary evidence to support the same was produced on record of the Tribunal and, therefore, the monthly income as considered by the Tribunal is just and reasonable.