Heard the learned advocates for the parties.
The learned advocate for the appellant/ claimant would submit that the Tribunal erred in assessing the monthly income of the claimant as Rs.3670/- per month against Salary Slip of Rs.5,935.39ps. for the month of May, 1990 produced by the claimant when the accident took place on 3.5.1990. However, the salary as above includes overtime salary of Rs.1,527/-. Secondly, the injured claimant suffered permanent partial disability of lower limb of 10% partial disability of upper limb and it was calculated as total 73% of permanent partial disability of two different organs but by applying A+B formula of Kessler's, the total permanent partial disability of body as a whole was assessed to 20%. Thirdly, for the period, the injured claimant had to remain bedridden for which leave in balance were consumed which could have been commuted in cash. Fourthly, the Award of actual loss of income and pain, shock and suffering is on lower side.
The matter is adjourned to 4.7.2012.
(Anant S. Dave, J.) PIYUSH Top