LAWS(GJH)-2024-3-311

AYUBBHAI GOTUMIYA TANK Vs. RAJABSHA KALUSHA SHAIKH

Decided On March 14, 2024
Ayubbhai Gotumiya Tank Appellant
V/S
Rajabsha Kalusha Shaikh Respondents

JUDGEMENT

(1.) The challenge has been given to the judgment dtd. 31/1/2007 passed by Motor Accident Claims Tribunal (Auxi.), Surat in M.A.C.P. No.916 of 1989.

(2.) Advocate Mr. Piyush Trivedi for Mr. Pratik B.Barot, learned advocate for the appellants, submitted that the Tribunal has erred by not granting prospective rise in income. Mr. Trivedi submitted that income was required to be considered in right perspective, and the multiplier, as laid down in case of Sarla Verma and Others vs. Delhi Transport Corporation and Another, reported in (2009) 6 SCC 121, is required to be followed.

(3.) Advocate Mr. Trivedi further submitted that consortium loss has not been assessed by the Tribunal, which required to be granted to the dependents as per judgment of Magma General Insurance Company Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors., reported in (2018) SCC 130 [2018 ACJ 2782].