UNITED INDIA INSURANCE CO LTD. Vs. PREM SAGAR

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 20.12.2011, whereby the appellant was held liable to pay the compensation amount in favour of the respondent no. 1 / claimant.

(2.) LD . Counsel appearing on behalf of the appellant has argued on two grounds that ld. Tribunal failed to determine whether such permanent disability has affected or will affect the earning capacity of the respondent no.1, specifically where respondent no. 1 failed to prove his employment / job on or before the date of accident.

(3.) LD . Counsel appearing on behalf of the respondent / claimant submitted that he does not dispute the legal position on future prospects for the reasons that the ld. Tribunal has relied upon a case of National Insurance Company Ltd. v. Kailash Devi II (2008) ACC 770 decided by this Court which has been reversed by the Coordinate Bench of this Court on 19.03.2012 in a case of Dhaneshwari & Anr. v. Tejeshwar Singh & Ors. MAC.A. 997/2011.