SAVAJI CHIMAJI SUTHAR Vs. ABDUL OSMAN JAT

JUDGEMENT

(1.) By way of this Appeal, the Appellant-claimant has challenged the judgment and award dtd. 13/8/2018 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhuj in M.A.C.P. No.626 of 2004.

(2.) The facts giving rise to the present Appeal can be put succinctly as under :-

(3.) Learned Advocate for the appellant-claimant Mr. Hemal Shah submitted that the prospective rise in income is required to be considered while assessing the functional disability. It is further submitted that the permanent disability had been proved by the evidence of the Doctor who had deposed by documentary evidence of 71% disability for the body as a whole. It is further submitted that the learned Tribunal ought to have been assessed accordingly and any deduction in the assessment should have been by way of examining the same with the medical context, otherwise evidence of the Doctor, being an expert is required to be believed. It is further stated that in view of the 71% disability, the amount under the head of pain, shock and suffering as awarded by the learned Tribunal are on the lower side.