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2023 Supreme(Guj) 335

GITA GOPI
PRAKASHBHAI LAXMANBHAI MOR – Appellant
Versus
JAGDISHBHAI ARJANBHAI GONDALIYA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : FORAM T. SHETH, TUSHAR L. SHETH.
For the Respondent: MAULIK J. SHELAT.

JUDGMENT :

GITA GOPI, J.

1. Being aggrieved and feeling dissatisfied with the judgment and award dated 14.10.2016 passed by the MACT (Aux), Gondal in MACP No. 3 of 2009, the appellants – claimants have prayed for enhancement of the award amount on the ground that the deceased was aged about 18 years and at the time of his death, he was employed at Mahindra Gears and Transmission Pvt. Ltd. and was drawing salary of Rs.3,652/- per month. Considering the evidence of the Company, the ground has been raised that in future he would become entitle to salary of Rs.14,000/- per month and the prayer is made for 100% rise instead of 50% granted by the Tribunal. Mr. Sheth has relied upon the decisions in the cases of Sarla Verma vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121, Ramilaben Chinubhai Parmar and Others vs. National Insurance Company and Others, (2014) 15 SCC 722 and Sureshchandra Bagmal Doshi and Another vs. New India Assurance Company Limited and Others, (2018) 15 SCC 649 to contend that on the death at an early age with the prospect of promotion and potential earn

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