Compensation Amount
valentine thakkar
(Querist) 26 May 2011
This query is : Resolved
The applicant met with an accident at the age 26 and his right leg shortened after operation. Remained in hospital now and then for the following 3 years. Driver by profession and got the cert. from some transporter who could come and testify the cert. The applicant living in Mumbai and holder of heavy truck driving licence carrying truckloads to and from far-fetched destinations. As per SC verdict and schedule his income although submited as 10,000 pm would be considered as Rs. 3,000/-pm only. My claim is far greater. Is there any citation which can help me getting more compensation to my client?
valentine thakkar
(Querist) 26 May 2011
Please correct the 3rd line and read as "who could not come and testify the contents of the certi." The disability of 85% on right leg was testified by the Dr. in the court.
adv. rajeev ( rajoo )
(Expert) 26 May 2011
in absence of documentary evidence court will consider his income is Rs.3000/- p.m. You prove with the documentary evidence and doctor evidence is necessary to prove the disability.
valentine thakkar
(Querist) 27 May 2011
I know this fact. However, the point is the income of a person working in a small town cannot be compared with the income of a person working in a big metro city. If the residence proof is provided, then the imponderables and improbables allowed by the SC may be applied. In the modern times even a small worker earns at 7000 to 10000 per month and a mason charges Rs. 600/- per day. Under the circumstances the discretionary powers bestowed upon the Hon. Courts should be exercised. I want any such citation please.
