(1.) By way of this Appeal, the Appellant-claimant has challenged the judgment and award dtd. 31/12/2021 passed by the learned Motor Accident Claims Tribunal (Auxi.), District Vadodara in M.A.C.P. No.165 of 2010 on the ground of enhancement of compensation.
(2.) The facts in brief could be noted which give rise to the present Appeal are that on 18/10/2009, the appellant was traveling as a pillion rider on a Motorcycle bearing Registration No.GJ-6-CA-2495, which was being driven by the respondent No.1. When they reached Sama Sanjay Nagar, Near Fatehganj, Vadodara, on account of the rash and negligent driving of the respondent No.1, the Motorcycle skid, the appellant was flung from the motorcycle, as a result of which he sustained serious injuries on the head, face, forehead, both hand, knee, eyes and other parts of the body. The ambulance was called and the appellant was rushed to SSG Hospital for treatment and was admitted as an indoor patient. Due to serious eye injury, one of the eyes of the appellant was totally damaged and therefore, the enucleation and evisceration of one eye of the appellant had to be carried out.
(3.) Learned Advocate for the appellant - claimant Mr. Mohsin M. Hakim contended that because of the vehicular accident, the claimant sustained injuries on the face, both the hands and other parts of the body and there was a removal of the right eye. There was no possibility of eye transplantation and as the claimant was a driver, after he lost the eye sight, the Regional Transport Office (RTO) has not renewed the license and thus, has raised a contention that 100% functional disability is suffered by the claimant. It is further submitted that though the learned Tribunal has placed reliance on the decision of the Hon'ble Apex Court in the case of Raj Kumar vs. Ajay Kumar and Anr. reported in (2011) 1 SCC 343, it has failed to appreciate the case of the claimant as of 100% functional disability and therefore, stated that the compensation has not been granted in a just and proper manner.