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2024 Supreme(Guj) 583

GITA GOPI
Sadulbhai @ Sadurbhai Ramabhai Bharwad – Appellant
Versus
Popatlal Ratansinh Thakkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kaash K Thakkar
For the Defendant : Mr. Yogi K Gadhia

JUDGMENT :

1. Challenge has been given by the injured claimant to the judgment dated 30.12.2017 passed by the MACT (Main), Patan in MACP no.258/13.

2. Mr. Kaash Thakkar, learned advocate for the appellant submitted that the injured claimant suffered from amputation of right leg, 3 different platings in right hand and a puncture in the intestine. The very condition of the claimant shows that he would not be in a position to earn the same income or continue with the work as he was doing earlier. Advocate Mr. Thakkar submitted that the amputation of the right leg is coupled with the fact that he has suffered injury in the intestine with 3 different platings in right hand, which would add to the physical disability of amputation and hence, submitted that the assessment of the functional disability ought to have been made in accordance to the evidence on record and the physical disability along with the fact of his profession which in this case is being an agriculturist. Advocate Mr. Thakkar further submitted that the pain, shock and suffering would not only be at the time of the accident, but in case of amputation and injury on other parts of the body and specifically to the intestine wo

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