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2023 Supreme(Guj) 773

GITA GOPI
Prakash Dilipbhai Pagi – Appellant
Versus
Shailesh Kantibhai Pagi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. A. Mansuri
For the Defendant : Mr. V. C. Thomas

JUDGMENT :

1. Advocate Mr. Adnan A.Khan for Advocate Mr. V.A. Mansuri for the appellant submitted that the challenge is given by the claimant-injured to the judgment and award dated 24.11.2022 by Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No.133 of 2018, only on the ground that though the learned Tribunal has followed the judgment of Hon’ble Supreme Court of Mallikarjun Vs. Divisional Manager, National Insurance Company Limited And Another, reported in (2014) 14 SCC 396, and had also considered the disability of 15% for body as a whole; however, has failed to adopt the same; though the Hon’ble Supreme Court has observed the yardstick laid down that in case of disability up to 10 to 30%, a lumpsum and rough estimate of Rs.3,00,000/- is to be awarded.

2. Advocate Mr. Khan submitted that the exceptional circumstances, as has been laid down, to take a different yardstick would be the cases, where the matters would stand on different footing like a permanent disability in the form of bedridden condition of the child, where he would be totally reliant on atten

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