GOMIBEN NAMABHAI VASAVA Vs. RAMSAGAR MISRILAL YADAV

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 1/3/2021 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bharuch in M.A.C.P. No.28 of 2017 by preferring an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to in short as 'the M.V. Act ').

(2.) The grounds raised inter-alia are to the effect that the learned Tribunal has committed an error in assessing the income of the deceased who was a skilled worker - a Mason and the deceased being the only earning member was supporting the four dependents. In addition, the consortium amount has not been granted to the dependents taking into consideration the decision of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram reported in 2018 ACJ 2782.

(3.) Learned Advocate for the appellants-claimants Mr. Nishith A. Bhalodi submitted that the learned Tribunal could have considered the Minimum Wages Schedule to assess the income for the accident which had occurred in the year 2016, the assessment of the income was required to be made as per the 'Consumer Price Index' and 'Cost of Inflation Index' of the relevant period and prospective rise in income should have been considered. In addition, the consortium loss ought to have been granted to the minor dependents by the learned Tribunal, taking into consideration the decision of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. (supra).