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GITA GOPI
VIMLABEN VINUBHAI PATEL – Appellant
Versus
TAKHATSINH NATHUSINH ZALA – Respondent
JUDGMENT :
GITA GOPI, J.
1. The injured claimant has challenged the judgment dated 30.8.2002 passed by the MACT (Aux), Ahmedabad (Rural) in MACP No. 632/95. The grounds inter-alia raised challenging the judgment are that the compensation has not been granted as per the functional disability and the amount under the various heads are also on lower side and the learned Tribunal has not considered the same in right perspective.
2. Learned advocate Mr. Heet Jhaveri for the appellant submitted that the learned Tribunal though had considered the evidence on record with regard to the treatment undergone by the claimant and had also considered 40.03% physical disability assessed of the body as a whole by the orthopedic surgeon but has failed to consider the functional disability of the claimant accordingly and has assessed disability as 30%. Learned advocate Mr. Jhaveri submitted that the Tribunal was required to follow the principles laid down in the case of Raj Kumar vs. Ajay Kumar and Another, (2011) 1 SCC 343 to decide the functional disability since the claimant could not continue wi
The court emphasized the importance of considering functional disability and medical evidence in determining just compensation for personal injury under the Motor Vehicles Act, 1988.
The central legal point established in the judgment is the assessment of functional disability and its impact on the claimant's earning capacity, as well as the determination of appropriate compensat....
The main legal point established in the judgment is the assessment of prospective rise in income and functional disability in motor accident claims, emphasizing the need to consider the injured and t....
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
The main legal point established in the judgment is the assessment of functional disability and future income loss to determine the compensation amount in motor accident claims.
The main legal point established in the judgment is the attribution of contributory negligence and functional disability, leading to the determination of compensation for the claimant.
The main legal point established in the judgment is the determination of just compensation for motor vehicle accident victims under the Motor Vehicles Act, 1988, considering income estimation, future....
The main legal point established in the judgment is the assessment of compensation for various heads including future loss of income, actual loss of income, pain, shock, and suffering, medical expens....
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