ULASBA Vs. RANCHHOD JIVRAM POKAR

JUDGEMENT

(1.) The present first appeal is filed impugning judgment and order dtd. 15/1/2019 passed in MACP No.594 of 2010 by the Motor Accident Claims Tribunal (Aux), Kachchh, Bhuj, whereby the Tribunal has awarded compensation of Rs.19,42,000.00 along with interest @ 9% per annum from the date of claim till the amount is deposited in the Tribunal.

(2.) The factual matrix in the present case is as follows:-

(3.) Learned counsel Mr.Hemal Shah for the appellants has contended that the learned Tribunal has erred in assessing income of the deceased. He submits that the petitioner was working as a Rigger with Korean Company and was earning Rs.8,741.00 per month. He submits that in addition, the deceased was holding agricultural land to the extent of 9 acre and 19 gunthas wherein he was growing "castor", "green gram" and "ground nut" crops. He submits that these were cash crops. In support thereof the appellants had produced bills of sale of such crops to the private trader which show that the deceased was also having agricultural income to the extent of Rs.2.00 to 2.5 lacs per year. He submits that in support of such income, the appellants have also produced land revenue records to show the land holding of the deceased and description of crops sown on his agricultural land. He submits that learned Tribunal has not taken into consideration at all the said factum to assess the agricultural income of the deceased while calculating the monthly income of the deceased. He submits that learned Tribunal has therefore fallen in error. He further submits that the second error which has occurred is with respect to the award of the amount towards consortium. He submits that there are six dependents of the deceased, however, only Rs.40,000.00 was granted towards loss of consortium. He submits that in view of the law laid down in the case of Pranay Sethi each of the dependent is entitled to loss of consortium to the extent of Rs.40,000.00. He, therefore, submits that total consortium which ought to have been awarded as per the said judgment should have been Rs.2,40,000.00. However, learned Tribunal has only granted Rs.40,000.00. He, therefore, submits that even on that count that the total compensation needs to be enhanced.