(1.) The claimants have challenged the judgment and award dtd. 9/9/2022 passed in MACP no.49/15 by the MACT (Aux), Bharuch. The ground raised to challenge the judgment and award inter alia is to the effect that the income of the deceased ought to have been considered as per the Consumer Price Index and Cost Inflation Index of the year 2015.
(2.) Advocate Mr. Bhalodi for the appellants submits that the deceased was agricultural labourer and if he is to be considered as unskilled person then as per the date of the accident of 22/1/2015, relying upon the minimum wages schedule, his income ought to have been assessed at Rs.6,968.00.
(3.) Mr. Nanavati submitted that the learned Tribunal has considered Rs.5,000.00 as income since no cogent documentary evidence was produced on record to prove the fact that the deceased was engaged in agricultural activities and thus, submitted that the compensation granted is just and proper.