MUKESH PANDEY Vs. RAJJAN BABU AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant has come up for enhancing the amount of compensation awarded to him on account of injuries sustained in an accident that occurred on 10th October, 2003 in which the appellant has suffered 60% disability and consequential loss of earning capacity as his legs were fractured and there is a shortening of one of the legs by six inches.

(3.) The grounds raised to find fault with the judgment of the Tribunal are threefold. Firstly, that the Tribunal has incorrectly and erroneously treated the income of the appellant to be Rs. 9,310/- per annum ignoring the actual income as proved by the appellant on the strength of his income tax return and the computation of income chart. Ignoring this material evidence was, therefore, an incorrect approach that has resulted in an error of calculation thereby substantially reducing the amount to which the appellant is entitled.