JUDGMENT :

GITA GOPI, J.

1. The claimant injured has challenged the judgment pronounced on 15.10.2009 by Motor Accident Claims Tribunal (Auxi.) Vadodara in MACP No. 354 of 1993, raising the ground that his case has not been considered by deciding the functional disability, as the claimant was amputed below the knee of the left leg. The prospective rise in income was required to be assessed to decide the future loss.

2. Advocate Mr. Adnan Khan with Advocate Mr. M.T.M. Hakim for the appellant submitted that the Tribunal had considered only 30% physical disability, while certificate of Doctor K.A. Baxi was produced on record at Exh.46 and Doctor was also examined vide Exh.45, to prove the permanent disability to the extent of 60%.

2.1 Advocate Mr. Khan submitted that as per judgment of Raj Kumar and Another vs. Ajay Kumar and Another, (2011) 1 SCC 343, the Court was required to assess the functional disability, as the claimant had totally been handicapped because of the left leg amputation below the knee, since his foot was totally crushed in the accident, he was orthopedically handic