SHANKERLAL KESHAVLAL BAROT Vs. RAKESHKUMAR AMBAPRASAD DUBBA

JUDGEMENT

(1.) The present appeal is field at the instance of the appellants -original claimants under Sec. 173 of the Motor Vehicles Act, 1988 praying for enhancement of the amount of compensation for Rs.1.00 lakhs as against the amount of Rs.8,30,500.00 being awarded by the Tribunal with proportionate costs and interest at the rate of 9% pa. The appellants have assailed the impugned judgment and award dtd. 2/5/2019 passed by the Motor Accident Claims Tribunal (Auxi) - 4th Additional District & Sessions Judge, Mehsana in MACP No.76 of 2014 to the aforesaid extent.

(2.) Noticing the grounds raised in the appeal memo and the submissions made by the learned advocate for the appellants on the issue of loss of consortium, in view of the decision of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhur Ram & Ors reported in (2018)18 SCC 130, the Coordinate Bench noticing the fact that in all there were five claimants and having disputed the income also, by order dtd. 30/6/2022, had admitted the appeal.

(3.) Learned advocate Mr. Rathin Raval has entered his appearance on behalf of the respondent -Insurance Company. Rule issued upon the rest of the respondents have been duly served, however no appearance has been entered. Noticing the issue involved, the matter is peremptorily heard finally in absence of the aforesaid respondent nos. 1 and 2