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2024 Supreme(Guj) 1159

GITA GOPI
Kapuriben Narsinhbhai Parsotambhai Solanki – Appellant
Versus
Amarsinh Harisinh Nayak – Respondent


Advocates Appeared:
For the Appellants : Mr. MTM Hakim.
For the Defendants : Mr. G.C. Mazmudar, Mr. H.G. Mazmudar, Rule Served, Unserved Expired (R).

JUDGMENT :

1. The claimants have challenged the judgment dated 12.04.2007 passed by Motor Accident Claims Tribunal (Auxi.), Vadodara in M.a.C.P. No.624 of 1995.

2. Advocate Mr. Adnan Khan for Mr. M.T.M. Hakim, learned advocate for the appellants, submitted that the Tribunal was required to grant prospective rise in income even in the case of deceased, who died at the age of 60, since the judgment in the case of National Insurance Company Ltd. v. Pranay Sethi and Ors., AIR 2017 SC 5157, has considered the suitability of the earning capacity of the person up to the age of 60, hence, 10% future prospective rise was required to be added to the calculation. Mr. Khan further stated that since claimants are four in number, the deduction was required to be 1/4th for the personal expense of the deceased.

2.1 Advocate Mr. Khan stated that consortium loss is to be considered as per judgment of Magma General Insurance Company Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors., reported in (2018) SCC 130 [2018 ACJ 2782], and amount under funeral expenses and loss of estate also requires consideration in accordance to the judgment of Pranay Sethi and Ors. (supra).

3. Countering the argument, Advocate Mr.

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