VIJAY KANUBHAI RANA Vs. SURENDRAKUMAR PRATAPSINH

JUDGEMENT

(1.) By way of this Appeal, the Appellant-claimant has challenged the judgment and award dtd. 25/1/2021 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.675 of 2018 on the ground that the learned Tribunal failed to consider the medical evidence, the injury certificate issued by Radhaswami Multispeciality Hospital, Nadiad as also the Certificate issued by the Dr. Supreet Prabhu of E-N-T Hospital, Nadiad - Exhibits 48 and 49 respectively. Further, though the Disability Certificate has been referred in the judgment and award, but the learned Tribunal has not assessed the compensation amount accordingly.

(2.) The facts in brief can be noted, that on 28/8/2017, the claimant and others were traveling in a Rickshaw bearing Registration No.GJ-7-VW-1807 and when they reached at the place of accident, the respondent No.1 came driving a Truck bearing Registration No.HP-19- D-2605 from Nadiad to Dakor and ahead of the said Truck there was a FIAT Car bearing Registration No.GJ-20-A-4669 which was being driven in a moderate speed and on the correct side of the road. The respondent No.1 dashed the Truck with the FIAT Car from behind, the driver of the FIAT Car lost control over the steering and dashed his FIAT Car with rickshaw, as a result of which the rickshaw turned turtle and the claimant suffered serious injuries.

(3.) Learned Advocate for the appellant-claimant Mr. Mohsin M. Hakim submitted that the functional disability is to the extent that the claimant is now unable to continue with this work as a Computer Operator and also stated that the Exhibit 49 - the Certificate of the E-N-T Hospital, Nadiad also reflects that there is a scar with loss of portion of upper eyelid leading to incomplete closure of left eye and that has completely affected his work. It is further submitted that the claimant is now not in a position to even pursue any other vocation with this disability. Coupled with the physical disability, supported by the photographs of the claimant, it is stated that the claimant is not even in a position to do any labour work to sustain himself. It is submitted that the claimant has lost muscle power in his limb and that has affected the stability and the Doctor of Radhaswami Multispeciality Hospital, Nadiad has considered the claimant's permanent disability qua disability of the body as a whole of 54.65% following the calculation as per the Theory of Kessler. Dr. Supreet Prabhu of E-N-T Hospital, Nadiad has after referring to CT Scan Report has noted multiple fracture on the facial bones and the repeat CT Scan of facial bone on 2/1/2021 reflects injuries sustained. Thus it is submitted that the functional disability ought to have been considered as 100%. It is further submitted that the claimant could prove that he was working as a Clerk cum Computer Operator in Shiv Investment and the Document dtd. 22/6/2018 (Mark 30/2) is about the claimant being employed by Shiv Investment, 106, City Point, Nadiad 387 001 and because of the accident and looking to his physical disability, it has been noted that he is unable to perform his job and his job has been replaced. It has been noted herein that the appellant-claimant used to earn Rs.11,500.00 per month, plus Bonus. Thus, considering the facts of the case, it is submitted that this Court may interfere with the impugned judgment and award of the learned Tribunal and grant enhancement in the compensation amount.