NATIONAL INSURANCE CO LTD Vs. KAUSHAL YADAV

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) THE Appellant National Insurance Co. Ltd. seeks reduction in the amount of compensation of Rs. 9,58,070/- awarded by the Tribunal for the injuries suffered by the Respondent Ramesh Chand in an accident which took place on 06.07.2009. THE ground for challenge is the loss of earning capacity computed by the Tribunal to the extent of 80%, though permanent disability assessed by the Doctor was 40% in relation to the right lower limb.

(3.) IT is submitted by the learned counsel for the Respondent No.1 in the Cross-Appeal that the Tribunal rightly took the functional disability to the extent of 80% as the Respondent No.1's right foot was almost totally damaged. The learned counsel for the first Respondent relied on Para 19 of the impugned judgment, which is extracted hereunder: