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2024 Supreme(Online)(GUJ) 27453

HIGH COURT OF GUJARAT
MS. JUSTICE GITA GOPI, J
KAGUBEN WD/O RAMESHBHAI VARSING BARIYA (BHIL) – Appellant
Versus
AARATBHAI SAYABABHAI BARIYA – Respondent


Advocates:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3,4,5,6,7,8,9 MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 2

ORAL JUDGMENT

1. Challenge is given to the judgment dated 27.10.2016 passed by the MACT (Main), Dahod in MACP no.213 of 2007.

2. Learned advocate Mr. Hakim for the appellants submitted that the deceased was a skilled labourer and was maintaining the family of nine and submitted that the Tribunal had not considered the income in accordance to the evidence. Advocate Mr. Hakim further stated that the learned Tribunal was required to take assistance of minimum wages schedule to assess the income and further submitted that the prospective rise in income has not been considered properly and that the amount under the head of loss of consortium is required to be granted as per the decision in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 and funeral expenses should have been granted of Rs.15,000/- as per the decision in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 .

3. Learned advocate Mr. Chirayu Mehta is present before this Court. He submitted that he had withdrawn the leave note. However, the system could not technically accept the withdrawal.

Advocate Mr. Meht

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