Ex.P5, disability certificate issued to the petitioner, Ex.P8, case sheet issued to the petitioner in Ex.P9 and Ex.P6 photographs would clearly show that on his right leg from the knee below, the petitioner has suffered a severe deformity to the extent that his leg appears to be bowed. It is also noticed by the Tribunal below that he is walking with the assistance of a stick. Ex.P8 which is the disability certificate issued by the Government assesses the disability of the petitioner at 60%. In the light of the above, the Tribunal ought to have taken the percentage of assessment as provided by the Government authority namely 60%. The income definitely requires a revision since the petitioner admittedly is a mason as is evident from Ex.P7 identity card. Therefore, I am of the considered view that the monthly income should be enhanced to a sum of Rs.4,000/-. Therefore, the amount under the head of loss of earning capacity would be Rs.4,000 x 12 x 17 x 60/100 i.e., Rs.4,89,600/-. In all other respects, the award will remain unaltered. Therefore, the Compensation awarded by the Tribunal is reworked as below:
