NEW INDIA ASSURANCE CO LTD Vs. VASANTHA KUMAR

JUDGEMENT

(1.) MFA No.2730/2008 is filed by the Insurance Company for reduction of compensation. MFA No.4I78/2008 is filed by claimant for enhancement of compensation.

(2.) I have heard Sri O.Mahesh, learned Counsel for Insurance Company and Sri Puttasiddappa, learned Counsel for claimant.

(3.) SRI O.Mahesh, learned Counsel for Insurance Company would submit that Tribunal did not have sufficient material to determine income of claimant at Rs.3,900/- per month. PW4-Dr.Rizwan Ali Khan, who has assessed permanent physical disability is not a neuro surgeon. The assessment of disability is on the higher side. Compensation awarded by Tribunal under the head "loss of earnings during laid up period" cannot be sustained since "loss Of earning capacity and future earnings" is determined, taking into consideration the age of claimant as on the date of accident.