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2024 Supreme(Guj) 1160

GITA GOPI
Patel Narottamdas Shankarlal – Appellant
Versus
Ashvinkumar B. Chaudhary – Respondent


Advocates Appeared:
For the Parties : Mr. A.V. Prajapati, Mr. G.C. Mazmudar, Mr. H.G. Mazmudar.

JUDGMENT :

1. The challenge is given to the judgment dated 06.07.2021 passed by Motor Accident Claims Tribunal (Auxi.), Mahesana at Visnagar in M.A.C.P. No.60 of 2013. The compensation amount has been granted as Rs.27,680/- at 9% per annum. The injured claimant has taken exception to it raising the ground that the compensation amount has not been appropriately granted.

2. Mr. A.V.Prajapati, learned advocate for the claimant submitted that the income was required to be assessed in accordance to the evidence adduced before the Tribunal, where the claimant has stated that he was earning Rs.10,000/- per month.

2.1 Advocate Mr. Prajapati submitted that in absence of any documentary evidence, and when the applicant had produced his driving license, the Tribunal should have considered his income as per minimum wages schedule to assess the income, and further stated that some amount under the head of medical expense was also required to be granted, though bills could not be proved, but the factum of treatment and injury was stated before the Tribunal. Advocate Mr. Prajapati stated that the amount under the head of pain, shock and sufferings and special diet, attendance charges and transport

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