JUDGMENT :

1. The challenge is given to the judgment and award dated 30.12.2016 passed by the MACT (Aux), Bhuj-Kutch in MACP no.383 of 2006.

2. Facts of the case suggest that the claimant-victim was returning from Medta (Rajasthan) to Kachchh by driving the tanker on the left side of the road and as stated, in a moderate speed. At about 14:00 hrs., a truck bearing registration no. RJ-14 2-G1738 came from opposite direction and dashed with the tanker. It is alleged that the truck was driven in a rash and negligent manner and came on the wrong side of the road and dashed and collided with the tanker. The appellant, thus, sustained injuries.

3. The appellant – claimant has raised the ground that the learned Tribunal has considered physical disability at 30% and the Orthopedic Surgeon has assessed the disability at 64% and that the surgeon has deposed that the appellant cannot drive vehicle or do heavy work. Learned advocate Mr. Hemal Shah has relied upon the judgments in the cases of Minu Raut & Anr. v. Satya Pradyumma Mohapatra & Ors., reported in 2013 ACJ 2544 SC, Kala Devi v. Bhagwa