RAM AVTAR Vs. DAVINDER SINGH

JUDGEMENT

(1.) BY way of this appeal, the appellant seeks to challenge the impugned award on the ground that the same is quite on the lower side. Appellant has claimed enhancement of compensation. The main grievance of the appellant is that the Tribunal has not taken into consideration the payment of Rs. 33,000 towards the expenses incurred by the appellant for his medical treatment after his discharge from the hospital. The second grievance of the appellant is that the Tribunal has granted a lump sum amount of Rs. 1,00,000 for disability without taking into consideration the loss to the appellant in his earning capacity due to the kind of permanent disablement suffered by him. The third grievance of the appellant is that a meagre amount of Rs. 20,000 has been granted towards pain and suffering.

(2.) I have heard learned counsel for the parties and have perused the records.

(3.) MS. Suman Bagga, counsel appearing for the respondent has placed reliance on the recent judgment of the Supreme Court reported in Sunil Kumar v. Ram Singh gaud, 2008 ACJ 9 (SC), to support her argument that in a case of permanent disablement of 45 per cent, the Apex Court has granted interest at the rate of 6 per cent per annum on the enhanced amount as well as deducted 1/3rd towards miscellaneous expenses. Counsel for the respondent also contends that no future prospects can be considered in the present case as no evidence to this effect was led by appellant.