RAMU RAI Vs. SIDHARTH INTERNATIONAL SCHOOL

JUDGEMENT

(1.) THE present appeal is preferred for enhancement of compensation amount against the impugned award dated 02.05.2005, whereby the learned Tribunal has granted compensation of Rs.2,18,100/- with interest @ 6% per annum from the date of filing of the petition till the date of realization in favour of the appellant.

(2.) LEARNED counsel appearing on behalf of the appellant has argued that the appellant had sustained permanent disability to the extent of 52%, despite that the learned Tribunal has considered functional disability as 25% instead of 52%.

(3.) LEARNED counsel further submitted that though the appellant was a Mechanical Engineer and was working with Mahalaxmi Press Tools Limited, however, the learned Tribunal keeping in mind the minimum wages applicable to an unskilled worker as per the Minimum Wages Act, has considered income of the appellant as Rs.2,600/- per month. She submitted that as the learned Tribunal has also considered 25% towards future prospects, therefore, the average monthly income of the appellant was considered as Rs.3,900/-.