- (1.) The point for consideration as raised in this appeal by the appellant, i.e., the claimant, Md. Motiar Rahaman Mallick, is the quantum of compensation granted by the learned trial court.
(2.) It is submitted that learned trial court calculated the income of the appellant on notional basis; but the fact remains that PW 1 in his evidence adduced that he used to carry on fertilizer business and used to earn Rs. 4,000 per month. The learned trial court held that no document of income has been produced.
(3.) It appears from Exh. 7, the certificate of registration to carry on the business of selling fertilizers as a wholesale/retail dealer in the State of West Bengal, which has been produced before us, that the said certificate was issued on 26.6.2000 and was valid up to 31.3.2003. The accident took place on 3.5.2001. So during the validity period of the registration accident took place. Therefore, the income of the appellant-claimant as stated by PW 1 can- not be ignored and calculation of income of the appellant-claimant must be based on Rs. 4,000 per month. In the instant case the accident took place when appellant was 24 years old. He sustained 90 per cent (ninety per cent) disability as would appear from the disability certificate dated 19.4.2006 issued by Walsh (S.D.) Hospital, Seram-pore, Hooghly, which has been produced before us.;