THE HON'BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1137 of 2001 JUDGMENT: This appeal is preferred by the injured/claimant against the order, dated 30.10.2000 passed in O.P.No.104 of 1999 by the Motor Accidents Claims Tribunal-cum-District Judge, Ranga Reddy District at L.B. Nagar. The appellant, who is aged about 25 years, is a labourer. On 30.11.1998, while she was attending to labour work, a Maruthi Car bearing No.A.P.10 E 873 driven by its driver in a rash and negligent manner, dashed against her at Snehapuri colony, L.B. Nagar, as a result of which she sustained grievous injuries and fractures, and her right leg, up to the knee, was amputated. Hence she filed the above O.P. claiming compensation of Rs.2,00,000/-. The Tribunal after considering the entire material on record, granted an amount of Rs.60,000/- towards compensation. Feeling aggrieved, she preferred the present appeal, seeking enhancement of compensation. I have heard both sides and perused the record. Since the appeal relates to quantum of compensation, the other questions such as fastening of liability on the owner and insurance company jointly and severally, which became final need not be addressed. The learned Tribunal proceeded on the assumption that no documentary evidence in proof of income of the appellant was adduced. Since the appellant is a labourer, she cannot be expected to file any document in proof of her income. In view of the fact that the accident occurred in the year 2001, her income can safely be fixed at Rs.1500/- per month for the purpose of computing the compensation, and her annual income would be Rs.18,000/-. Though there is no evidence regarding the percentage of disability, the fact remains that the right leg of the appellant was amputated below the knee, which is evident through Ex.A.6-discharge summary. As per the provisions of Workmen’s compensation Act, amputation of leg below the knee, can be considered to be 50% disability. Therefore, the compensation can be calculated on the said basis. According to the judgment of the Supreme Court in Sarala Verma (Smt) v. Delhi Transport Corporation[1], the multiplier relevant to the age of the appellant is 17. By applying multiplier 17, the loss of earnings of the appellant can be arrived at Rs.1,53,000 (18000 x 17 x 50/100). The appellant is entitled to an amount of Rs.20,000/- towards pain and suffering and a further sum of Rs.10,000/- towards loss of amenities in life. The amount of Rs.10,000/- granted by the learned Tribunal towards medical expenses being reasonable, the same is not interfered with in this appeal. Accordingly the appellant is entitled for a total amount of Rs.1,93,000/-. The enhanced compensation of Rs.1,33,000/- would carry interest @ 6% p.a. from the date of petition till the date of realization.. With the above enhancement in the compensation, the Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs. ____________________ (R. KANTHA RAO, J.) 16th April, 2010 Js. [1] (2009) 6 SCC 121