MOHD. NAFIS AHMAD Vs. RAJESH KUMAR & ORS.

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.7,06,916/ - awarded to the Appellant for having suffered injuries in a motor accident which occurred on 06.08.2006. The Claims Tribunal by the impugned judgment/order dated 01.06.2010 and 06.07.2010 awarded the compensation which is tabulated hereunder:

(2.) THE following contentions are raised on behalf of the Appellant:

(3.) ON the other hand, it is urged on behalf of the Respondent Insurance Company that the Appellant suffered 74% disability in respect of his left lower limb and the Claims Tribunal was right in taking the disability to be 37% in respect of the whole body. The Income Tax Returns, argued the learned counsel, were rightly discarded by the Claims Tribunal as the Income Tax Officer was not produced to prove the genuineness of the Income Tax Returns for the A.Y. 2003 -04 and 2004 -05. The Claims Tribunal, therefore, rightly took the help of minimum wages fixed under the Minimum Wages Act to award the loss of income and loss of earning capacity. It is urged that the compensation awarded is just and reasonable and does not call for any interference.