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2021 Supreme(Guj) 1291

A. G. URAIZEE
Suhana Asharf Khalpa – Appellant
Versus
Dharasing Arjunlal Gurjar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hiren M. Modi.
For the Respondent: Rathin P. Raval.

ORDER :

1. Heard Mr. Hiren Modi, learned advocate for the appellant claimant and Mr. Rathin Raval, learned advocate for respondent No. 3-insurance company.

2. The present appeal under section 173 of the Motor Vehicles Act is preferred for enhancement of the compensation awarded to the appellant claimant by the Tribunal vide judgment and award dated 5.11.2019 rendered in Motor Accident Claims Petition No. 655 of 2016.

3. Considering the issue which moves in narrow compass, with the consent of learned advocates for the parties, the appeal is taken up for final disposal at the admission stage.

4. Since the issue of enhancement of quantum of compensation is involved in the present appeal, presence of the driver and owner of offending vehicles is not necessary.

5. Mr. Modi, learned advocate for the appellant submits that income of the minor deceased is considered at very lower side by the Tribunal in the facts and circumstances of the case. According to his submission, the Tribunal ought to have considered Rs. 3400/- as monthly income of the deceased. It is his further submission that af

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