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2021 Supreme(Online)(MAD) 12854

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice J.NISHA BANU
RAMESHKUMAR – Appellant
Versus
VENKATESAN – Respondent


JUDGMENT

Not satisfied with the quantum of compensation, the claimant has filed this appeal.

2.The learned counsel for the appellant/claimant would state that though Ex.P8-disability certificate has been produced to prove that due to the amputation of right leg above knee, the appellant/claimant has sustained permanent disability to the extent of 80%, the Tribunal has reduced the same to 70% without any basis. He would further state that the appellant/claimant was a Mini Lorry driver by avocation and due to amputation of right leg above knee, he could not at all do his avocation as driver and therefore as per the judgment reported in 2010 (2) TN MAC 581(SC), Raj Kumar vs. Ajay Kumar and another, the functional disability suffered by the appellant is 100%. He would also state that though the appellant claimant that as a driver in Mini Lorry, he earned Rs.30,000/- per month, the Tribunal in the absence of proof, has fixed a meagre sum of Rs.6,000/- per month. Considering the date of accident and the avocation of the appellant, the Tribunal ought to have fixed Rs.9,000/- as monthly income. Thus, he would pray for appropriate modification on the quantum.

3.Heard the learned counsel for th

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