Leaving Certificate of the appellant would show that his date of birth was 28.5.1970. As such, on 14.6.2005, the appellant was not at 36 years of age. Going by the dictum in Sarla Verma vs Delhi Transport Corporation & Ors. reported in [2010 (2) KLT 802] the multiplier to be adopted should be 16 and not 15. Regarding the monthly income, Exhibit A12 income tax returns shows that the appellant had received Rs.47,895/- as agents commission for canvassing insurance policies on behalf of M/s.Oriental Insurance Company and LIC. Exhibit A9 will show that the appellant was engaged on a monthly salary of Rs.4,500/- as Insurance Executive in the Westfort Hospital. It can thus be seen that the appellant was earning around Rs.8,500/- per month at the relevant period. In the absence of any contra evidence, there was no reason for the Tribunal to have fixed the income notionally at Rs.5,000/-. Exhibit A10 would show that the appellant was on leave from duty from 15.6.2005 to 31.5.2006 for 10½ months. The appellant is entitled for compensation for loss of earnings at the rate of Rs.4,500/- for the said period of 10½ months during which he was on leave from Westfort Hospital. I am hence of the opinion that the compensation awarded by the Tribunal needs to be modified. The appellant will be entitled for a sum of Rs.47,250/- (4500x10.5) towards loss of
