This is a first appeal against an order in a motor accident compensation case. The appellant sought enhancement of compensation, challenging the Tribunal's assessment of his monthly income and the final award. The single judge dismissed the appeal on the merits.
The appeal seeking enhancement of compensation is dismissed.
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Court No. - 40
Case :- FIRST APPEAL FROM ORDER No. - 1323 of 2019
Appellant :- Shivkumar Respondent :- Uttarakhand Parivahan Nigam And Another Counsel for Appellant :- Namit Kumar Sharma,Gunjan Sharma
Hon'ble Harsh Kumar,J.
Heard Sri Ajeet Kumar Chaurasiya, Advocate holding brief of Sri Namit Kumar Sharma, learned counsel for appellant and perused the record.
The present first appeal from order has been filed for enhancement of compensation.
Learned counsel for appellant contends that appellant was earning a sum of Rs.8,000/- per month as Driver and suffered 75% disability in the accident, but the Tribunal has assessed his income at Rs.4500/- per month and has granted low amount, as compensation.
Perusal of impugned order shows that salary certificate filed by appellant did not bear signature of the owner of vehicle and disbelieving it, Tribunal has assessed his monthly income as Rs.4500/- and believing his medical bills and disability, awarded the compensation calculating it as 75% loss of earnings due to disability.
In the circumstances, there is no merit in the appeal and the appeal is dismissed , accordingly.
Order Date :- 9.5.2019
Tamang
2 issues framed by the court
Whether to allow enhancement of compensation awarded by the Tribunal in a motor accident case.
Whether the Tribunal did err in disbelieving the salary certificate filed by the appellant and assessing his income at Rs.4500/- per month.
Shivkumar
Uttarakhand Parivahan Nigam
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
