ISHWARDAN HARIDAN GADHVI Vs. OSMAN LATIF TRAPA

JUDGEMENT

(1.) Challenge has been given to the judgment and award passed by learned Motor Accident Claims Tribunal (Aux.), Mehsana dtd. 6/4/2018 in Motor Accident Claims Petition No.1053 of 2005.

(2.) The grounds raised are that learned Tribunal has not considered functional disability of the claimant who was driver and had suffered from the accident and had sustained right leg amputation from shaft of femur. The claimant also suffered injuries on the left leg.

(3.) Mr.Jay Shah, learned advocate for the appellant submitted that injuries suffered by the claimant have made him disable totally and would not be in a position to even carry on any other work much less the work as driver which was his profession. Thus, it is submitted that 100% functional disability ought to have been assessed by learned Tribunal. It is submitted that learned Tribunal has erred in considering only 45% and permanent physical disability assessed by the Doctor is at 59.95% for body as a whole. Mr.Shah further submitted that no consent had been given by the claimant to consider 45% disability. While referring to purshis Exh.63, Mr.Shah submitted that endorsement is only from the side of the insurance company. He submitted that learned Tribunal was required to assess independently functional disability of the claimant.