that has resulted in 100% disability cannot be taken for factoring the quantum of compensation. The loss of one leg above knee shall constitute 70% loss of earning power. I will take that alone as the loss resulting out of the accident and if it was to be taken that his income was Rs.3,000/-, the annual income would have been Rs.36,000/-, adopting the scale of compensation as provided under Schedule II for injury for non-fatal cases for a person, who was aged 40 years at the time of accident, the appropriate multiplier shall be 15 and the compensation payable would be Rs.3,78,000/-. On this must be added, compensation payable for pain and suffering, medical expenses and for loss of amenities of life. The Tribunal has provided Rs.10,000/- for pain and suffering, Rs.30,000/- for cost for medical expenses and Rs.10,000/- for loss of amenities. Each one of the heads of award is more than what the Schedule II provides for. I will, therefore, retain the very same of what has been awarded by the Tribunal. This will mean an additional amount of Rs.50,000/- to Rs.3,78,000/- which I have assessed for loss of earning capacity. On the whole, the amount that will become payable would be Rs.4,28,000/-. The amount in excess of what has been awarded by the Tribunal shall be borne only by Paramjit Singh, who is arrayed as 1st respondent in this case and 2nd respondent in Insurance Company's appeal.
