- (1.) HEARD learned counsel for the parties and perused the record as well as the award of the learned Tribunal.
(2.) THIS miscellaneous appeal has been filed by the claimant for enhancement of the compensation awarded on account of the injuries suffered by claimant- Babu Lal in a road accident, which occurred on 05.08.1991. Babu Lal received injuries, which has resulted in total permanent disability. Inasmuch as he is totally bed-ridden and paralysed on account of the injuries, including the fracture of the neck and the back-bone and the learned Tribunal has also come to the aforesaid findings with regard to the total permanent disability. Learned counsel for the parties admitted the fact that the injured Babu Lal was brought on Charpoi to depose before the learned Tribunal as a witness in the claim petition. The age of claimant Babu Lal at the time of accident was 25-years. As per the finding of the learned Tribunal, while deciding Issue No.3. It is also come on record that he was married and his wife at the time of accident was 20-years of age. He also had a minor child Kumari Sarla. The learned Tribunal has awarded in all a sum of Rs.7,60,000/- as compensation to the appellant Babu Lal in the claim petition. Learned counsel for the claimant-appellant submitted that the compensation, as awarded by the learned Tribunal in the head of loss of earning is wholly inadequate. Claimant - Babu Lal at the time of the accident possessed educational qualification of Post Graduate and was also at the relevant time earning from giving tuitions to students as well as sitting at the shop of his family business. As per the learned counsel for the appellant , the income of the claimant Babu Lal injured at the time of accident was Rs.2500/-. He submits that the learned Tribunal has erred in holding arbitrarily that the income of the injured at the time of accident was only Rs.20,000/- per annum. He submits that the aforesaid amount would be even less then the minimum wages.
(3.) LEARNED counsel for the claimant-appellant submitted that there was cogent evidence on record in the form of account books etc., which were produced by the claimant to support the case of the appellant that the income by the appellant at the time of accident was about 3000/- per month. Learned counsel for the respondents, in reply submitted that so far as the compensation on account of loss of earnings is concerned, the learned Tribunal has rightly awarded a sum of Rs.3,60,000/- under the aforesaid head. He submits that the income figure of Rs.20,000/- per annum has rightly been taken and it cannot be said to be on the lower side. I have given my thoughtful consideration to the rival submissions. So far as the income of the injured Babu Lal is concerned, it has come on record that he was a well educated and having a post graduate qualification. ;