evidence with regard to his occupation or income and as such his income is being assessed in accordance with the schedule under the minimum wages act as being _2600/- p.m. and keeping in view the medical record of the petitioner which shows that he underwent shortening of leg, his disability with respect to the whole body is being assessed as 12% and the absence of the petitioner from his occupation is being taken as for a period of 4 months, as the petitioner remained admitted in hospital for a period of 1 & ½ months and thereafter in view of his injuries may have required rest for another period of 2 & ½ months, as such actual loss of income that the petitioner may have suffered would come to a sum of_ 10,400/-. Since the petitioner has suffered permanent disability on account of his injury, his loss of income is being assessed as per the IInd schedule, clause 5 of the MV Act 1988 as amended up to 1994. The annual income of the petitioner would come to a sum of _31,200/- and taking his age as 40 years, as stated in the entire medical record produced by the petitioner himself, a multiplier of 16 is being adopted which shall be a sum of_ 4,99,200/- as the total loss of income. Since the permanent disablement of the petitioner is partial and not total, the disability with respect to the whole body i.e. about 12%, the total loss of income of petitioner would come to a sum of _59,904/-. As such the loss of income of the petitioner and the loss of his earning capacity in all is being assessed as a sum of_ 70,304/-.”
