G.P.MITTAL, J. - (1.) THE Appellant has filed this application for additional evidence. He wants to prove on record the Matriculation certificate/ Intermediate Certificate issued by the Board of High School and Intermediate Education, U.P. and a Diploma in Electronics with Specialization in Communication System. THE same is not disputed and is taken on record.
(2.) THE application is allowed. The Appellant seeks enhancement of compensation of Rs. 2,91,396/- awarded by the Motor Accident Claims Tribunal, (the Tribunal) by the impugned judgment in respect of the injuries suffered by him in an accident which took place on 09.07.2005. The Appellant suffered 41% permanent disability in relation to his left upper limb. The overall assessment of the permanent disability with respect to the whole body was opined by PW-3 Dr. Harish Mansukhani as 16% to 17%. The Tribunal awarded the overall compensation of Rs. 2,91,396/- under various heads which are extracted hereunder:- 1. Compensation for Medical Expenses Rs. 37,501/- 2. Compensation for Conveyance & Special Diet Rs. 5,000/- 3. Compensation for Loss of Income Rs. 9,135/- 4. Compensation for Loss of Earning Capacity Rs. 1,39,760/- 5.Compensation for Pain and Suffering Rs. 50,000/- 6. Compensation for Loss of Amenities of Life Rs. 50,000/- TOTAL Rs. 2,91,396/-
(3.) IT is argued by the learned counsel for the Appellant that he (the Appellant) was an Intermediate having a technical qualification i.e. Diploma in Electronics with Specialization in Communication System. Loss of his earning capacity was assessed on the basis that he was unskilled worker. Learned counsel urges that the diploma issued by the Board of Technical Education, U.P., though the same could not be filed before the Tribunal, clearly shows that the Appellant ought to have been treated as a skilled worker. It is contended that the Tribunal erred in taking the overall disability in respect of the whole body as 17%.;