HAMIRJI MOTIJI THAKOR Vs. BABUSINH GULABSINH RAJPUR

JUDGEMENT

(1.) The claimant injured has challenged the judgment pronounced on 15/10/2009 by Motor Accident Claims Tribunal (Auxi.), Vadodara in MACP No.354 of 1993, raising the ground that his case has not been considered by deciding the functional disability, as the claimant was amputed below the knee of the left leg. The prospective rise in income was required to be assessed to decide the future loss.

(2.) Advocate Mr. Adnan Khan with Advocate Mr. M.T.M. Hakim for the appellant submitted that the Tribunal had considered only 30% physical disability, while certificate of Doctor K.A. Baxi was produced on record at Exh.46, and Doctor was also examined vide Exh.45, to prove the permanent disability to the extent of 60%.

(3.) Advocate Mr. G.C. Mazmudar submitted that the learned Tribunal has granted amount under the head of pain, shock and suffering, future loss of income and also under various heads, and stated that Rs.1,19,000.00 for the year 2009, would be considered as just compensation.