HON’BLE SRI JUSTICE B.N.RAO NALLA C. M. A. No.1897 of 2003 JUDGMENT: It is an appeal filed by the claimant seeking enhancement of the compensation amount as awarded by the lower Tribunal i.e. III Additional Chief Judge, City Civil Court, at Hyderabad in O.P.No.1837 of 1999. He claimed a total compensation of Rs.3,00,000/-. However, the lower Tribunal has awarded Rs.1,06,000/- only by order dated 19.4.2002. The only question involved in this appeal is proper fixation of monthly earnings of the appellant-injured-claimant. It is contended that the lower Tribunal erred in fixing his monthly earnings at Rs.1,050/- though it was averred in the petition averments that he was earning Rs.2,500/- per month by working as clerk in a private firm and the same is supported by PW.2-co- worker. Therefore, it is contended that the monthly earnings of the appellant- injured-claimant have to be fixed having regard to the pleadings i.e. claim petition averments and the evidence of PWs 1 and 2 coupled with Ex.A.9. 2. On the other hand, learned counsel for the second respondent-insurance company submits that PW.2 is not an author of Ex.A.9- salary certificate. The author thereof being the alleged employer of the appellant was not examined. 3. It is to be seen that since there is no documentary evidence to prove that the appellant-injured –claimant was earning Rs.2,500/- per month and in such a situation where there is no supporting evidence, the court can safely seek the help of the Second Schedule of the Motor Vehicles Act, in view of the appellant-claimant having lost his right leg which was amputated and the disability on account of the same was fixed at 50% under Ex.A.7. In view of the same, the compensation has to be computed by applying proper multiplier. 4. As per the Second Schedule of the Motor Vehicles Act, the appellant’s income for compensation has to be fixed at 15,000/- per annum. Since the appellant suffered 50% disability, his loss of earning would be Rs.7,500/- per annum. The age of the appellant is fixed at 52 years. As per the decision reported in Sarla Verma (Smt) and others v. Delhi Transport Corporation and another [1], the appropriate multiplier for a person aged between 51 and 55 is “11”. If the same is applied, the total loss of earnings would come to Rs.82,500/- (Rs.7,500/- x11). 5. Therefore, it is to be held that the appellant is entitled to a total compensation of Rs.1,19,200/- (Rupees one lakh nineteen thousand two hundred only) (i.e. Rs.82,500/-towards loss of earnings on account of permanent disability, Rs.15,000/- towards pain and suffering, Rs.20,000/- towards medical expenditure and Rs.1,700/- towards transportation) with interest at 7.5% per annum in so far as the enhanced compensation is concerned. 6. With this modification, the C.M.A. is disposed of. No order as to costs. __________________ ​ B.N.RAO NALLA,J 18-11-2010 Stp [1] (2009) 6 SCC 121