ABDUL LATIF SON OF LATE ABDUL HALIM Vs. BRAHMDEO YADAV SON OF LACHU MAHTO
LAWS(JHAR)-2017-12-68
HIGH COURT OF JHARKHAND
Decided on December 12,2017

Abdul Latif Son Of Late Abdul Halim Appellant
VERSUS
Brahmdeo Yadav Son Of Lachu Mahto Respondents

JUDGEMENT

Amitav K. Gupta, J. - (1.) This appeal is directed against the judgment/award dated 10.09.2013 passed in Claim Case No.175/1999 by District Judge IcumM.V.A.C.T, Chatra.
(2.) Learned counsel has submitted that Md. Arshad Ali @ Md. Arshad sustained injuries due to the motor accident which took place on 20.09.1998 accordingly F.I.R being Chatra P.S.Case No.114/1998 was registered. It is argued that due to the said injuries he died on 05.09.2000. Learned counsel has submitted that even if for argument's sake, though not admitted, it is presumed that there was no causal connection between the injury sustained and the death of the deceased, even then the Tribunal has failed to appreciate that the deceased had sustained 48% disability and committed error in not adding 50% of the income as future prospect for assessing the income of the deceased for computation of compensation.
(3.) It is argued that the deceased was hospitalized for a couple of months at Magadh Medical College & Hospital, Gaya. That due to the injuries he suffered 48% permanent disability and was bed ridden. It is submitted that the certificate dated 16.08.1999 issued by the Medical Board supports the fact that there was 48% disability.;


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