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Remit to the tribunal to assess the compensation with regard to future loss of income.: High Court of Delhi

Remit to the tribunal to assess the compensation with regard to future loss of income.: High Court of Delhi

The amount that has already been released to the appellant, under the original award, shall be appropriately taken into account by the tribunal while reassessing compensation if any. The decision was granted by Hon’ble Mr. Justice Sanjeev Sachdeva in the case of Ratan Majumdar Versus Vipul Goel & Anr [MAC.APP. 134/2019].

The present application is filled by the appellant seeking a remit for the purpose of leading additional evidence on behalf of the appellant. In the present case there is no liability of respondent 1, therefore respondent 1 is dispensed with.

The Delhi High Court had directed the Medical Superintendent of Jag Parvesh Chandra Hospital to constitute a medical board to assess the permanent disability of the appellant, if any and to submit a report to the Delhi High Court. The Petitioner has pointed out that pursuant the said directions, the Medical Superintendent by its letter dated 05.02.2019 has forwarded the disability certificate and has assessed 40% permanent disability in relation to the lower limbs, the petitioner further states that at the time of leading evidence, the educational record of the appellant was not available and subsequently the same has been traced out and placed on record.

It has been noted that the impugned award that there is no discussion with regard to the permanent disability or grant of future loss of income, if any, to the appellant. Furthermore the tribunal also nnnoted that in the award that there was no record produced with regard to his academic status and accordingly the monthly income was notionally assessed on the benchmark of prevalent minimum wage of unskilled workers. In the present case as per the medical examination of the medical board, the appellant has sustained 40% permanent disability in relation to both his lower limbs, in the view of the present court, it is a fit case for a remit to the tribunal to assess the compensation with regard to future loss of income. Further, since the appellant claims to have traced out the educational documents, the tribunal shall also revisit the award based on evidence that may be produced by the appellant and reassess the income, if so warranted.

Concludingly the amount which has already been released to the appellant, under the original award, shall be appropriately taken into account by the tribunal while reassessing compensation if any.

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Judgment Reviewed by: Ashwin Singh

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