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 urged by the learned counsel for the Appellant that the Tribunal erred in taking permanent disability as 80%, whereas it was just 40% in respect of the right lower limb. The learned counsel for the Appellant referred to ITem 24 of the First Schedule of the Workmens Compensation Act, 1923 where in case of amputation of alba of one foot, the percentage of loss of earning capacity is given as 20% only. IT is urged that the Respondent was entitled to 30% increase of minimum wages as he was 44 years of age.