DHARMIKBHAI PRAVINBHAI PATEL Vs. PRATAPSINH RAJUSINH RAVAT

JUDGEMENT

(1.) The present First Appeal impugns judgment and award dtd. 31/1/2020 passed by learned Motor Accident Claim Tribunal (Aux.) Kheda at Nadiad in Motor Accident Claim Petition No.2 of 2012 whereby the learned Tribunal has awarded a compensation of Rs.1,02,110.00 to the appellant along with interest @ 9% per annum from the date of the claim petition till payment.

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

(3.) Learned advocate Mr. R. G. Dwivedi appearing on behalf of the appellant claimant submitted that the appellant is a young boy aged 19 years who was earning his living by repairing the mobiles. He submitted that in addition, he was also doing the agriculture work and therefore, the claimant was earning an amount of Rs.6000.00 per month. He submitted that in the accident, the appellant was not at any fault and it was unfortunate that the tempo turned turtle and he came under the same. He further submitted that the learned Tribunal has not taken into account the disability of 19.18% which was incurred on the hands of the appellant. He submitted that the disability should have been taken in total as the appellant had sustained disability to one limb. He further submitted that in respect of monthly income assessed at Rs.3000.00 per month by the Tribunal, no cogent reasoning has been given. He submitted that since the appellant was a skilled worker repairing the mobiles, the income should be assessed at least on the basis of minimum wages which was applicable to a skilled worker at the relevant time. He therefore submitted that the learned Tribunal has fell in error in assessing the income. He submitted that the present Appeal be allowed and the appellant be awarded the amount as prayed for in the claim petition.