NAROTTAMBHAI MAGANBHAI MAKWANADECD. Vs. ISHWARBHAI AMBALAL PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgement and award passed by the learned Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition No. 356 of 2001, by which the learned tribunal has partly allowed the said claim petition and has awarded total sum of Rs. 20,45,000/- to the original claimants for the death of deceased Narottambhai, the original claimants have preferred the present appeal to enhance the amount of compensation.

(2.) Facts leading to the present First Appeal in nutshell are as under:-

(3.) Mr. Hiren Modi, learned advocate appearing on behalf of the appellants - original claimants has vehemently submitted that the learned tribunal has materially erred in considering the prospective income at Rs. 18,000/- per month only. It is submitted that as the deceased at the relevant time of accident was serving as a Railway Guard and was getting salary of Rs. 15,000/- per month, the learned tribunal ought to have added 50% of the same towards future rise in income and therefore, the learned tribunal ought to have considered prospective at Rs. 22,500/- per month.