Sabina, J. - (1.) Appellant has filed this appeal, challenging the award dated 05.01.2009 passed by the Tribunal, whereby claim petition filed by respondent No. 1 was allowed.
(2.) Learned counsel for the appellant has submitted that the challenge made by the Insurance Company in this appeal is with regard to the quantum of compensation awarded to respondent No.1. Learned counsel has further submitted that there was no evidence on record that the appellant had suffered any loss in his income vis-a-vis disability suffered by him. Tribunal should have taken disability of the appellant to the extent of 50%, in view of Clause 5 of Second Schedule of the Motor Vehicles Act, 1988 (hereinafter referred as the "Act"). Percentage of loss of earning capacity should be taken as per Item no. 20 to 21 of Part II of Schedule I of Workmen's Compensation Act, 1923. Learned Tribunal has erred in applying the multiplier of '15' where as multiplier of '14' was liable to be applied to work out the amount of compensation.
(3.) Learned counsel for respondent No. 1 has opposed the appeal and has submitted that the amount of compensation awarded by the Tribunal is rather on a lower side as no amount of compensation has been granted to the appellant towards loss of future prospects.;