SANTOKBEN GANPATBHAI MARWADI Vs. RAMESHCHANDRA BHOGILAL MODI

JUDGEMENT

(1.) Ms. Nisha M. Thakor, learned counsel under the authority of Shri K.F. Dalal for the appellants; none for the respondents though served.

(2.) The claimants, being partially aggrieved by the award dated 19.11.86 passed by the M.A.C.Tribunal-II [Main] Ahmedabad City in M.A.C.Petition No. 81/86, is before this Court, seeking enhancement to the tune of Rs. 3.00 lacs.

(3.) Ms. Thakor, learned counsel for the appellant, after taking me through the evidence of the witnesses available at exhs. 14,15 and 16 submitted that the income of the deceased could safely be assessed at Rs. 150/- and the prospective income should also have been assessed. According to her, the Tribunal was not justified in holding that the income of the deceased could hardly be Rs. 600/- per month and dependency of the family would be Rs. 400/-. She submits that the Tribunal did not properly appreciate the evidence, specially the evidence of Santokben Ganpatbhai Marwadi, widow of the deceased and erred in holding that the income of the deceased was Rs.70-80 per day.