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FA/483/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 483 of 2010
=========================================================
SABERABIBI
WIFE OF ISMAIL CHITAMAN - Appellant(s)
Versus
SAGIR
AHMAD AZIZ AHMAD SAIYED & 4 - Defendant(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Appellant(s) : 1,
DELETED for Defendant(s) : 1,
NOTICE UNSERVED
for Defendant(s) : 2,
MS KARUNA V RAHEVAR for Defendant(s) : 3,
MR
ANAL S SHAH for Defendant(s) : 3,
MR VB MALIK for Defendant(s) :
4,
MS LILU K BHAYA for Defendant(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/07/2010
ORAL
ORDER
Heard
learned advocate Mr.M.A.Kharadi for the appellant.
Learned
advocate for the appellant submitted that the claim was for Rs.7.00
lacs, as against that the Tribunal has awarded only Rs.1,61,104/-
. Learned advocate also invited attention of the Court to the
break-up of the said figure which is set out at page 16 of the
judgment and award which reads as under:
Rs.1,06,704=00
For
future loss of income
Rs.
7,500=00
For
mental pain, shock and suffering
Rs.
6,000=00
For
actual loss of income
Rs.
2,400=00
For
attendants’ charges
Rs.
2,000=00
For
special diet charges
Rs.
1,500=00
For
transportation charges
Rs.
35,000=00
—————————
For
medical expenses
Rs.
1,61,104=00
Total
compensation
Learned
advocate submitted that the amount awarded under the head for future
loss of income is on a lower side. He submitted that the learned
Tribunal ought to have taken into consideration the decision of the
Hon’ble Apex Court in the matter of Lata Wadhwa and others vs.
State of Bihar and others reported in 2001(8) SCC 197 and
ought to have taken into consideration the prospective income of the
deceased on the basis of Rs.3,000/- and hence the matter requires
consideration.
The
appeal is Admitted.
(
Ravi R. Tripathi, J. )
syed/
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