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2023 Supreme(Guj) 776

GITA GOPI
Patel Alpaben Yogeshkumar – Appellant
Versus
Jadeja Bhanvarsinh Umedsinh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yogendra Thakore
For the Respondent: Mr. Deepak G Aloria

JUDGMENT :

1. The widow and the minors are the appellants who have challenged the judgment and award dated 27.8.2019 passed by the MACT (Aux), Mehsana at Visnagar in MACP no.1337/2012, which was originally registered as MACP no.512/2011 primarily on the ground that the income of the deceased has not been assessed in right perspective. Mr. Thakore, learned advocate for the applicants submitted that the deceased was an agriculturist and he was owning the agricultural land. The relevant documents by way of village form no.7/12 were produced on record at Exh.18 and the learned Tribunal by taking into consideration the date of the accident should have assessed the income for the loss of managerial skill. Mr. Thakore stated that the amount of Rs.3,000/- assessed as notional income does not commensurate to the documents produced on record for the loss sustained by the family of the managerial skill of the deceased to look after the agricultural land.

2. Mr. Thakore further stated that the learned Tribunal was also required to grant consortium amount as per the decision in the case of Ma

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