9.From the materials available on record, it is seen that in the accident the appellant sustained spinal cord injury, fracture of posterior neural arch of D12 and fracture of left Transverse process of L-1 on the spinal cord, fracture of left rips and compression of spinal canal and multiple injuries all over the body. To prove the nature of injuries and disability suffered by him, the appellant examined himself as P.W.1 and the Doctors from K.K.Nagar Hospital, Chennai examined the appellant and certified that the appellant suffered 75% locomotor disability and issued Ex.P15/disability certificate & Ex.P16/disability note to that effect. The Tribunal considering the nature of injuries and Exs.P15 and P16, adopted multiplier method for awarding compensation for disability and the same is proper. At the time of accident, the appellant was aged 32 years, working as Control Room Executive at SRM Transports India (P) Limited, West Mambalam, Chennai and was earning a sum of Rs.25,000/- per month. To prove the avocation and income, the appellant marked his Employee ID card as Ex.P12, Bank statement series as Ex.P13 and also examined one N.Rathinavel, Deputy General Manager, SRM Transports as P.W.2. P.W.2 in chief examination has stated that the appellant was getting a sum of Rs.19,000/- per month as salary. But, the Tribunal has taken the net salary of the appellant i.e., Rs.16,745/- per month as his notional income and awarded compensation towards disability. The Tribunal ought to have taken the gross salary of the appellant and awarded compensation. The appellant was aged 32 years at the time of accident and the Tribunal following the judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another], rightly applied multiplier '16'. Considering the nature of injuries, disability, rise in cost of living and the nature of work done by the appellant, he is entitled to 30% enhancement towards future prospects. Thus, by fixing a sum of Rs.19,000/per month as notional income of the appellant and granting 30% enhancement towards future prospects, the amount awarded by the Tribunal towards disability is enhanced to Rs.35,56,800/{Rs.24,700/- [Rs.19,000/- + Rs.5,700/- (30% of Rs.19,000)] X 12 X 16 X 75/100]. In view of 30% enhancement granted by this Court towards future prospects, a sum of Rs.5,00,000/- awarded by the Tribunal towards future prospects is liable to be set aside and it is hereby set aside.
