MUKESHBHAI KANTIBHAI SOLANKI Vs. BHATHIBHAI SHIVABHAI PARMAR

JUDGEMENT

(1.) The claimants are the legal heirs and representatives of Mukeshbhai Kantibhai Solanki, who have challenged the judgment of the Motor Accident Claims Tribunal (Aux.) Anand dtd. 3/12/2019 in M.A.C.P. No.777 of 2014 praying for enhancement.

(2.) Advocate Mr. R.G. Dwivedi for Advocate Mr. Pradeep R.Mishra for the appellants submitted that the income of the deceased has been considered as Rs.4,500.00, as minimum wages. Advocate Mr. Dwivedi contended that as per the schedule for the date of accident as 3/11/2014, it should be around Rs.6,000.00, as the claimant was a farm labourer, and his age was 32 years, thus, accordingly 40% rise in prospective income was required to be added, as considered by the Tribunal.

(3.) Advocate Mr. Dwivedi further stated that the learned Tribunal has referred to the judgment of Magma General Insurance Company Ltd. Vs. Nanu Ram Alias Chuhru Ram and Ors., reported in (2018) SCC 130 [2018 ACJ 2782], however, has not granted money as consortium loss to the children and the parents.