VIPULKUMAR POPATBHAI PARMAR Vs. VIPULKUMAR ISHWARBHAI PATEL

JUDGEMENT

(1.) Present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "MV Act") is filed by the appellant - original claimant challenging the impugned judgment and award dtd. 9/10/2024 passed by the learned Motor Accident Claims Tribunal (Main), Anand (for short "learned Tribunal") in Motor Accident Claim Petition No.318 of 2018, whereby the learned Tribunal was pleased to partly allow the claim petition and awarded compensation of Rs.3,68,687.00 to the appellant - original claimant.

(2.) The brief facts leading to filing of present appeal is as follows:

(3.) Learned advocate Mr. Nishit Bhalodi appearing for the appellant - original claimant has submitted that the learned Tribunal has committed an error in considering monthly income of the deceased at Rs.5000.00 and not considering minimum wages of the year 2018 i.e. Rs.8000.00 for unskilled person and accordingly, the learned Tribunal has not awarded just and proper compensation. He has further submitted that the learned Tribunal has not even considered 40% escalation towards future prospects and has not awarded just and proper compensation under the head of future loss of income. Hence, he has requested to allow the present appeal.