Can the Tribunal fix a claimant's monthly income notionally where foreign employment salary is unproved?

Yes; where the claimant fails to produce documentary proof of salary from foreign employment but other evidence such as bank credits supports a reasonable earning, the Tribunal may fix a reasonable notional monthly income.

Motor Vehicles Act, 1988 — Compensation — Permanent disability — Multiplier method — Loss of earning capacity — Assessment of monthly income — Motor Vehicles Act, 1988 — Permanent disability — Multiplier method not automatic on every disability — Held: Ascertainment of loss of earning capacity is not automatic upon proof of permanent disability; the Tribunal must consider the nature and extent of disablement, the claimant's avocation, and the impact of disability on that avocation before applying the multiplier method. (¶6) Motor Vehicles Act, 1988 — Disability assessment — Medical and Lok Adalat evidence supports 60% disability — Held further: On facts, the medical records, disability certificates and the examination before the Lok Adalat established that the claimant sustained permanent disability at 60% with inability to stand or move without support, justifying invocation of the multiplier method. (¶7) Motor Vehicles Act, 1988 — Income assessment — Notional income where employment abroad unproved — Held further: Where a claimant fails to produce documentary proof of foreign salary but bank credits and other evidence on record support a reasonable earning, the Tribunal may fix a reasonable monthly income notionally. (¶9) National Insurance Company Ltd. v. Pranay Sethi; Sarla Verma v. Delhi Transport Corporation — Deduction for personal expenses and multiplier application — Held further: The Tribunal correctly deducted 40% towards personal and living expenses and applied the multiplier of 15 corresponding to the claimant's age of 37 years, and the compensation of Rs.20,93,000/- awarded under conventional and pecuniary heads is just and reasonable, warranting no interference. Appeal dismissed. (¶10, 11)

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