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2023 Supreme(Guj) 699

GITA GOPI
Pushpaben Manojbhai Joshi Wd/O Manojbhai Vishanjibhai Joshi – Appellant
Versus
Khengar Ramji Avadia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. HEMAL SHAH
For the Respondent: MR GC MAZMUDAR, MR HG MAZMUDAR

JUDGMENT :

1. The claimants have challenged the judgment and award passed on 31.08.2018, passe by the Motor Accident Claims Tribunal (Auxiliary-IV), Kachchh at Bhuj in Motor Accident Claim Petition No. 451 of 2002.

2. Learned advocate Mr. Bhalodi for the appellants submitted that though the employer of deceased, namely Narotambhai Amrutlal Joshi was examined to prove that the deceased was his driver on the vehicle and was earning Rs.6,000/- per month, the learned Tribunal has failed to consider the same and thus, stated that the monthly income of the deceased has not been assessed in accordance with the evidence on record and further stated that the claimants are the widow and two minors. It is submitted that claimant No. 3 was, at the relevant time, aged about 1 year and 6 months, who lost her father even before she could attain the age of recognizing the parents and another minor was only 8 and thus, stated that the consortium loss has not been granted as per the decision of the Hon’ble Supreme Court Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (

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