SURENDER KUMAR Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellant seeks enhancement in the compensation amount over and above the amount as awarded by the Tribunal. Vide order dated 15.10.2004, this Court has directed notice in the present appeal only on the issue confining to determine entitlement of petitioner to any increase on account of disability.

(2.) Mr. D.K. Sharma, counsel for the appellant contends that very low amount of Rs.25,000/- has been awarded by the Tribunal towards disability and towards future loss of earnings. Contention of counsel for the appellant is that the appellant had suffered disability to the extent of 40% in relation to the lower limb and he remained admitted in hospital for two months but the Tribunal ignoring the said aspects, has granted a small amount of Rs.25,000/- towards disability and future loss of earnings. Counsel sought to urge that the appellant was a Technician and the said disability of his lower limb as per disability certificate has practically incapacitated the appellant to perform his normal duties. Counsel, thus, claims enhancement under the said head of permanent disability and towards future loss of earnings.

(3.) Mr. J.P.N. Shahi, counsel appearing for respondent No.4 on the other hand submits that the said permanent disability of 40% was only in relation to his lower limb and the same can be calculated to only 20% as regards the whole body is concerned. Counsel also contends that the appellant failed to produce any evidence on record to justify grant of any compensation towards future loss of earnings. Counsel also contends that grant of Rs.25,000/- cannot be treated as a small amount for the kind of disability suffered by the appellant.