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2022 Supreme(Guj) 1827

GITA GOPI
Sonalben Alias Charmiben Hirenbhai Jivani – Appellant
Versus
Naranbhai Chananbhai Babariya – Respondent


Advocates Appeared:
For the Appellants : Mr. Monal S. Chaglani.
For the Defendants : Mr. Dakshesh Mehta, Mr. Rushang D. Mehta.

JUDGMENT :

1. The original claimants as appellants have challenged the judgment and award dated 30th June 2018 passed in the M.A.C.P. No.205 of 2007 by the Motor Accident Claims Tribunal (Auxiliary) at Gondal.

2. Mr.Monal Chaglani, learned advocate has challenged the impugned judgment and award on the ground that the learned Tribunal has not considered the oral as well as documentary evidence on record and has not considered the income aspect in accordance with the judgments of the Hon’ble Apex Court where the income tax returns were produced before the Court. According to Mr.Chaglani, the learned Tribunal has erred in considering the aggregate income of the deceased for the last three years and has not even considered the mother of the deceased as dependent while both the parents were dependent on the deceased son. He further submitted that the Tribunal has totally discarded the evidence and has erred in not considering the parents as dependent and only granted a lump-sum amount of Rs.50,000=00, which could have been granted even under Section 140 of the Motor Vehicles Act. In support

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