SHIVAMURTEPPA Vs. MANAGING DIRECTOR, N.E.K.R.T.C.

JUDGEMENT

(1.) There is a delay of 57 days in filing the appeal. For the reasons stated, the application I.A. 1/2013 is allowed and the delay of 57 days in filing is condoned.

(2.) The limited prayer of the appellant is that the Tribunal has adopted Rs. 3,000/- as the notional income of the appellant who was an agricultural labourer by avocation and hence, the accident being of the year 2005, it ought to have been higher and the income being taken as Rs. 3,000/- has resulted in the appellant being denied just compensation. Further, it is also pointed out that as a result of the accident, he was admitted to hospital and he was an in-patient for 22 days and he had lost income during the period that he was laid up for which the Tribunal has thought it fit to award only Rs. 2,000/- whereas it ought to have been higher and further seeks enhancement under other conventional heads as well.

(3.) The appellant has suffered permanent disability to the extent of 10% to the whole body, as assessed by the Medical Practitioner. The Tribunal however has chosen to reduce it by 2% and has taken the whole body disability at 8%. The learned counsel would submit that it is not for the Tribunal to sit in appeal over the assessment made by the Medical Practitioner. The Tribunal had no discretion to reduce the percentage of disability expressed by an expert and if at all, the Tribunal ought to have sought a second opinion in seeking to address the disability and therefore, the learned counsel would submit that the same ought to be taken at 10%, which would result in marginal increase in the compensation that is allowed.