Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) IN the accident occurred on 02.07.2004 which was caused by the respondent No. 2 Rais Khan while driving jeep No. RJ 12 T 0366, the claimant/appellant suffered serious injuries resulting into five fractures in both legs and as per the medical evidence and disability certificate issued by the Medical Board, the claimant suffered 52% permanent disability for both lower limbs. The appellant/claimant is hair dresser and according to learned Counsel for the appellant, he could do his job only by remaining standing on his legs. Because of these fractures, his part of the legs became frozen which is apparent from the medical evidence. The Tribunal while assessing the loss due to these injuries to appellant, instead of accepting loss to the appellant in his earning capacity to the extent of 52% as certified by the doctor, calculated 20% disability with respect to the total body treating disability of 52% to be disability of the appellant for lower limbs only and, therefore, awarded 20% of total compensation only which is Rs. 76,800/ - only.
(3.) ACCORDING to learned Counsel for the appellant, the Tribunal has committed serious error of facts and law and reduced the disability in earning of the appellant to 20% ignoring the fact of occupation of the appellant. It is submitted that the person who may suffer disability may not loose the earning potentiality to the extent of disability. But here in this case, 52% disability of both the legs of the claimant in fact virtually resulted in total loss of income to the claimant.;