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2023 Supreme(Guj) 361

GITA GOPI
Ramsinh Dhulsinh Zala – Appellant
Versus
Kamleshbhai Dhulabhai Prajapati – Respondent


Advocates Appeared:
For the Appellant : Mr. Ankit Shah.
For the Defendant : Mr. Palak H. Thakkar.

JUDGMENT :

1. Draft amendment is granted. To be carried out forthwith.

2. The injured claimant is challenging the judgment and award passed by the learned Tribunal dated 11.4.2022 passed in MACP no.679/11 by the MACT (Main), Mehsana. With the consent of both the advocates on record, the matter is taken up for final hearing.

3. Mr. Jay Shah along with Mr. Ankit Shah submitted that the learned Tribunal has failed to consider the aspect of prospective rise in income, which has been considered by the Hon'ble Apex Court. Referring to the decision in the case of Pappu Deo Yadav v. Naresh Kumar & Ors, AIR 2020 SC 4424, it is submitted that the learned Tribunal has erred in not considering the addition to the rise in prospective income. It is stated that though 17% disability has been assessed, the learned Tribunal has failed to appreciate that over and above the physical disability, the claimant had suffered neurological permanent disability of 12% and because of that, he is suffering from memory loss and also has speech impediment and thus, stated that amount under the head of pain, shock

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