Gujarat High Court Case Information System
Print
FA/306/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 306 of 2000
======================================
KHATIJABANU
WD/O MOHAMMED IQUBAL ISHAQBHAI
Versus
KURPANSING
S JAT & OTHERS
======================================
Appearance :
Mr
MC Bhatt for the appellant
MR VIBHUTI NANAVATI for Defendant(s) :
3,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/11/2010
ORAL
ORDER
By
way of this appeal the appellant has challenged the judgment and
award dated 5th May 1990 passed by the learned MAC
Tribunal, Valsad at Navsari in MAC Petition No.64 of 1986.
Learned
counsel for the appellant has submitted that the Tribunal has
committed an error in considering the disability in paragraph 8 of
the judgment, which reads as under:-
“8.
Then he has claimed for permanent partial disability. He has
examined Dr. Desai of Ahmedabad and he found that the applicant had
restriction of movement of right foot left ankle, his muscle strength
is weak. Shortening is there, and there is a difficulty in weight
bearing and he has fixed the disability at 60% of the whole body. In
his cross-examination, the doctor has stated that the patient could
not drive the heavy vehicle, but he can drive light vehicle with
difficulty. He has assessed his disability keeping in mind that he
was driver.”
In
my view, the Tribunal has rightly considered the cross-examination.
No case is made out for interference. The appeal is devoid of any
merits. The same is dismissed.
(K.S.Jhaveri,
J.)
*mohd
Top