KAUSHIKBHAI SAMBHUPRASAD PATEL Vs. MAYA TRAVELS

JUDGEMENT

(1.) The challenge is to the judgment dtd. 28/6/2005 passed by MACT (Aux), Bhavnagar in MACP No.508/94. The injured claimant has prayed for enhancement of the compensation amount primarily on the ground that the Tribunal has not assessed the adverse effect to the potential earning capacity due to the physical injury sustained in the accident and has also failed to appreciate the income from the income tax returns and has erroneously relied upon the statement of income of the year 1998-99 of the accounting year ending on 31/3/1998.

(2.) Advocate Mr. Sandip Shah for the claimant submitted that the Doctor had certified 42% permanent disability of the right lower limb and the claimant as a victim of the accident is in the business and the disability would affect the earning capacity and thus, submitted that the prospective rise in income was required to be added so as to compensate the injured appropriately. Advocate Mr. Shah submitted that the comparative analysis of the income tax between the year 1993-94 to 1998-99 is on the wrong footing since the Tribunal has taken yearly income of Rs.72,000.00 as received by way of remuneration from the firm, while the income noted of the year 1998-99 is the total income over and above the remuneration amount from the firm which includes income of the minor and income from other sources of dividend and interest.

(3.) Advocate Mr. Shah thus stated that had it been so, then the total income of the year 1994-95 would come to Rs.85,750.00.