JUDGMENT :

1. By way of this Appeal, the Appellant-claimant has challenged the judgment and award dated 13.08.2018 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhuj in M.A.C.P. No.626 of 2004.

2. The facts giving rise to the present Appeal can be put succinctly as under :-

On 05.07.2004 at 8.00 hours, the appellant was proceeding from Village Dador to Zalu on his bicycle. The appellant was driving the bicycle as per the rules and regulations and when he reached the place of accident, the respondent No.1 came alongwith his Jeep bearing Registration No.GJ-12-W-4761 in a rash and negligent manner and at an excessive speed, as a result of which the driver lost control over the steering, dashed and collided with the bicycle and caused accident. Due to the accident, the appellant fell down on the road with the bicycle and sustained serious injuries including fracture injuries.

3. Learned Advocate for the appellant-claimant Mr. Hemal Shah submitted that the prospective rise in income is required to be considered while assessing the functional disability. It is further submitted that the permanent disability had been proved by the evidence of the Doctor who had deposed by docu