Amitav K. Gupta, J. - (1.) This miscellaneous appeal is directed against the award dated 09.10.2015, passed in M.V. Case No.18 of 2011, whereby the learned Principal District Judge-cumP.O. M.A.C.T., Latehar, has awarded compensation including medical expenses along with interest to the claimant, to be paid by the insurance company.
(2.) Learned counsel, for the appellant, has submitted that the court below has erred in not awarding any amount towards future prospects of the income. It is submitted that the injured - claimant was a carpenter and he had sustained fracture on the rib. That in the medical certificate, i.e., Ext. - 1, it is mentioned that the claimant/injured had sustained 50% disability. In the given circumstances the court below has failed to appreciate that future prospects of the income of the claimant - injured has been affected resulting in loss of income. That the claimant is still under treatment and no amount has been awarded towards loss of future income and the future treatment of the claimant. On the above grounds, it is submitted that the awarded compensation should be enhanced.
(3.) Learned counsel, appearing on behalf of the insurance company, has submitted that though the medical certificate was produced, but the claimant did not examine any medical expert to substantiate the disability of the claimant - injured regarding the nature of 50% permanent disability. The claimant - injured has suffered fracture of ribs and as pleaded he was bed ridden for six months. The Court below has referred and relied upon the decisions reported in 2014 (1) JBCJ 527 (SC) and 2014 (3) JBCJ, 359 (SC), and awarded the compensation taking into account all the aspects. It is contended that the awarded compensation is just and proper.;