MARUTI WADAR Vs. YAMANAPPA

JUDGEMENT

(1.) Heard Mr. Coutinho for the appellant-claimant and Mr. Kakodkar for respondent no.3-insurance company.

(2.) The appellant-claimant challenges the impugned judgment and award dtd. 25/6/2015 made by the Motor Accident Claims Tribunal, South Goa at Margao (Tribunal) in Claim Petition No.130/2012 to the extent it denied the appellant-claimant the claimed compensation based on 100% functional disability and compensation under certain established heads. In short, the claimant seeks additional compensation by instituting this appeal.

(3.) Mr. Coutinho, learned counsel for the appellant, submits that the claimant's right leg had to be amputated as a result of the accident. He points out that the claimant was a driver; therefore, the functional disability was to the extent of 100% and not merely 75%, as held by the Tribunal. He relies on S. Suresh v/s. Oriental Insurance Co. Ltd. - (2010) 13 SCC 777 and Lal Singh Marabi v/s. National Insurance Co. Ltd. and Ors. - (2017) 5 SCC 82 in support of his contentions.