KISHU MONDAL Vs. PARMANAND MONDAL

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) The claimant/injured, Kushu Mondal has preferred this appeal for enhancement of the award dtd. 24/3/2018, passed by learned District Judge, XVI-cum-P.O., M.V.A.C.T., Dhanbad in Motor Accident Claim Case No.286 of 2016, whereby the claimant, who sustained injury 60% of permanent disability at the age of 45 years because of amputation of left leg below knee has been awarded compensation to the tune of Rs.4,94,800.00 along with interest @ 6% per annum from the date of filing of the claim application till the date of realization.

(3.) Learned counsel for the appellant, Mr. Shekhar Prasad Sinha has submitted that the learned Tribunal has considered the less income of the injured to the tune of Rs.3,500.00, while computing compensation though minimum wages for highly skilled person as notified by the Government in the year, 2015-16 i.e. Rs.342.6 per day and the monthly income excluding four Sundays comes to Rs.8,909.00 (Rs.342.6 x 26 days), which is the minimum income that person can earn normally, but herein the injured was not engaged on the minimum wages rather working as mason/rajmistry and was charging Rs.500.00 per day, as such, the income of the injured/claimant to be considered Rs.500.00per day.