Full Text
Date of
JUDGMENT
RAJAN ………..Appellant
Through: Mr.Nandan Kumar, Advocate.
……….Respondent
Through: Ms.Shantha Devi Raman, Advocate.
1. Whether the Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest? Yes INDERMEET KAUR, J. (Oral)
1 This appeal has impugned the Award dated 29.11.2010 which was subsequently modified on 26.03.2011 whereby a total compensation of `3,19,733/- had been awarded in favour of the injured/petitioner. The petitioner has suffered an accident and pursuant thereto had suffered grievous injuries; this was on 30.05.2008. His loss of income has been assessed at `1,88,334/-. Minimum wages of `3,633/- had been taken into account and after 2011:DHC:4428 MAC Appeal No. 784/2011 computation of his annual income, the correct multiplier of ‘18’ had been applied. There is no dispute up till this point. The only contention of the learned counsel for the appellant is that future prospects have not been taken into consideration. This contention is negatived by the calculations in the impugned Award.
2 The appellant had admittedly suffered 24 % disability; this benefit of 24% disability had been taken into account while computing the total loss of income and this was squarely in terms of the judgment of this Court reported in Raj Kumar Vs. Ajay Kumar JT 2010 30 SC 38. The benefit of 24% disability suffered by the appellant has been taken care of while coming to the aforenoted calculation; the calculation reads as:- `3,633/-X24/100X12X18= `1,88,334/- which is the figure awarded under the head of ‘loss of income’. The impugned Award suffers from no infirmity on this calculated figure; no other ground has been urged; appeal is without any merit.
INDERMEET KAUR, J. AUGUST 30, 2011 a