1 1. S.B.CIVIL MISC. APPEAL NO.911/1999 (Virendra Kumar Vs. Ram Kishan and ors. 2. S.B.CIVIL MISC. APPEAL NO.930/1999 (Tarkeshwar Prasad Gupta Vs. Ram Kishan and ors.) Date of Judgment : 03-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Gajanand Misra Manav, Dy.G.A. for the State. Both the appeals being CMA No.911/99 (claim case no.39/95) and CMA No.930/99 (claim case no.134/95) have been filed by the injured-appellants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Tonk vide judgment dated 26.2.1999 whereby a sum of Rs.1,99,196/- was awarded by way of compensation to the injured Virendra Kumar Chaturvedi and Rs.1,61,000/- was awarded by way of compensation to the injured T.P.Gupta for 50% and 40% disability respectively caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the injured- appellants submits that the learned Tribunal 2 has failed to award adequate compensation in both the appeals as the injured-appellants have sustained 50% and 40% disability respectively. It is also submitted that both the appellants were Government Servants and they were drawing Rs.7996/- and 7248/- per month respectively. It is also submitted that they deserve to be awarded adequate compensation after taking second schedule to the M.V.Act as guilelines by adopting appropriate multiplier commensurating with the percentage of disability sustained. 4. Per contra, Deputy Government Counsel appearing on behalf of the State Government, supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. CMA NO.911/99 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured -appellant has sustained extensive injuries resulting into 50% disability on account of injuries caused in the accident. His hip was fractured in the accident and later-on it 3 was replaced. As the injured was in Government job and loss of earning on account of disability has been taken care of by his stable job and loss of earning on retirement deserves to be awarded. Thus the injured-appellant deserves to be awarded compensation as per second schedule to the M.V.Act by adopting appropriate multiplier of 8 available at the time of age of retirement and compensation can be calculated as under: 7996 (salary) x 12 x 8 (multiplier) x 50% (disability) = 3,83,800 - 25,000 (already awarded)=3,58,800/- (to be additionally awarded) 6. Accordingly, appeal of the appellant/s is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.3,58,800/- by way of enhanced compensation from the date of appeal i.e. 28.6.99, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. 4 CMA NO.930/99 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured has sustained extensive injury resulting into 40% disability and he has been advised for hip replacement in future. In view of submission of Deputy Government Counsel, the fact that injured was in Government service, is to be taken into consideration and he deserves to be awarded compensation for loss of earning on account of disability for the period after his retirement at the age of 60 years as the period of loss of earning for the period of service is taken care of by the State Government. Thus the injured- appellant deserves to be awarded compensation as per second schedule to the M.V.Act by adopting appropriate multiplier of 8 available at the age of retirement and compensation can be calculated as under: 7248 (salary) x 12 x 8 (multiplier) x 40% (disability) = 2,78,323 - 25,000 (already awarded)=2,53,323/- (to be additionally awarded) 5 8. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.2,53,323/- by way of enhanced compensation from the date of appeal i.e. 28.6.99, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-45-46