ORIENTAL INSURANCE COMPANY LTD Vs. HIRARAM DEVARAM MEGHWAR

JUDGEMENT

(1.) HEARD learned Advocate Mr. Anal S. Shah for appellant - Oriental Insurance Company Ltd. and learned Advocate Mr. Paresh M. Darji for respondent No. 1 claimant.

(2.) BY filing this appeal, appellant insurance company is challenging award passed by Mact, Ahmedabad in MAC Petition No. 766 of 2001 Exh.59 dated 8.9.2008, awarded Rs. 4,38,904.00 with 9 per cent interest being compensation in favour of respondent claimant.

(3.) EXCEPT that, no other decision has been cited by learned Advocate Mr. Anal Shah before this Court. He also argued before this Court in respect of merits while referring to page 9 where Tribunal has considered income Exh. 35, wage slip. He submitted that wage slip of October was produced on record at Exh. 35 where claimant worked only for four days and he was not a permanent employee but he was daily wager and, therefore, assessment made by claims Tribunal at Rs. 2500.00 is without any cogent evidence and, therefore, this finding is required to be set aside by this Court. He also raised contention before this Court that contention was raised by appellant in its written statement at Exh. 17 that trolley was not insured but that aspect has not been considered by claims Tribunal while deciding matter. Except that, no other submission has been made by learned Advocate Mr. Shah before this Court.