RAVINDER KUMAR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.1,49,105/- awarded in favour of the Appellant by the Motor Accident Claims Tribunal(the Claims Tribunal) for having suffered injuries in a motor vehicle accident which occurred on 20.07.2006. The Appellant suffered permanent disability to the extent of 40% in respect of his right upper limb on account of amputation of right thumb.

(2.) IN the absence of any Appeal by the driver, owner and the Insurance Company, the finding on negligence has attained finality.

(3.) IT is urged by the learned counsel for the Appellant that the Appellant was aged 40 years. Although there was no evidence with regard to Appellant's income, yet it was proved that he was working as a Supervisor with a building contractor. Loss of his earning capacity should have been awarded at least on the wages of a skilled worker and loss of earning capacity should have been taken as 40%. It is urged that no compensation was awarded towards loss of amenities in life. The compensation awarded towards pain and suffering is on the lower side.