LAXMANBHAI BHULABHAI PARMAR Vs. HARIJAN KHIMJIBHAI SOMABHAI

JUDGEMENT

(1.) The appellant herein has challenged the award dated 9.3.1993 passed by the Motor Accident Claims Tribunal at Rajkot in Motor Accident Claims Petition No. 109 of 1987 so far as the Tribunal awarded only Rs. 69,400 as compensation with interest and costs.

(2.) It is the case of the appellant that on 21.10.1986 the appellant who was the driver of a truck bearing registration No. GTY 6425 had halted at Padadhari Petrol Pump for tea. At that time, two trucks bearing registration No. GTW 4116 and GTK 2711 came from Rajkot side. The driver of truck No. GTW 4116 slowed down the truck as a result of which the truck No. GTK 2711 dashed with GTW 4116 and therefore GTW 4116 turned turtle. The truck No. GTW 4116 after turning turtle came and hit the applicant as a result of which his both legs sustained injury. The appellant therefore filed claim petition for compensation to the tune of Rs. 2 lakh. The Tribunal after hearing the parties passed the aforesaid award.

(3.) Mr. Vikram Thakore, learned Advocate appearing for Mr. Bhatt for the appellant submitted that the Tribunal erred in assessing the permanent partial disability of the appellant to the extent of 25% only. He submitted that in view of the fact that the appellant had lost both his legs which are important for a driver or for a person to do any skilled work, the loss ought to have been assessed at 100%.