7. The doctor (P.W.3) has deposed that at the time of medical examination of the appellant/claimant, he found that the appellant/claimant sustained difficulty in Micturition, Hesitancy, frequency, urgency and incontinence, burning sensation with fever on and off. The doctor (P.W.3) has also deposed that the appellant/claimant has developed post traumatic stricture urethra inspite of continuous treatments at tertiary, institutions and undergoing two major surgeries. The doctor has also deposed that the appellant/claimant is prone to regular urinary tract infection as a result of the injury sustained by him. The doctor P.W.3 has assessed the disability of the appellant/claimant at 30% and issued the disability certificate accordingly, which has been marked as Ex.P18 before the Tribunal. The Tribunal, after taking into consideration the evidence placed on records, which includes the disability certificates Exs.P16 and P18 issued by P.W.2 and P.W.3 doctors respectively has fixed the whole body disability of the appellant/claimant at 40% and adopted multiplier method for the purpose of assessing the loss of earning capacity of the appellant/claimant. This Court does not find any infirmity with regard to the finding of the Tribunal that the appellant/claimant has suffered 40% whole body disability. However, the Tribunal has erroneously fixed the notional income of the appellant/claimant at a paltry sum of Rs.3,000/- per month. In the claim petition, it is mentioned that the appellant/claimant is a washerman and he was earning Rs.200/per day. The accident happened in the year 2005. If the year of the accident is taken into consideration, this Court is of the considered view that the Tribunal should have fixed the notional income of the appellant/claimant on a higher sum. After giving due consideration to the year of the accident and provisions of Mininum Wages Act, this Court fixes the notional monthly income of the appellant/claimant at Rs.4,500/- instead of Rs.3,000/- fixed by the Tribunal. Accordingly, the loss of earning capacity of the appellant / claimant is fixed by this Court at Rs.3,88,800/-, as detailed hereunder, instead of Rs.2,59,200/-, awarded by the Tribunal to the appellant / claimant towards the compensation for his disability.
