1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.1282/06 SMT. SUMITRA DEVI VS. BANWARI LAL AND OTHERS DATE OF ORDER :- FEBRUARY 6,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. K.N. Tiwari, for the appellant, Mr. M.S. Rathore , for the respondents, BY THE COURT (ORAL) With the consent of learned counsel for both the parties , the appeal is being disposed of finally at admission stage. Heard. This appeal has been preferred on behalf of Smt. Sumitra Devi injured , for enhancement of claim awarded by Motor Accident Claims Tribunal, and Additional District and Sessions Judge( Fast Track) No. 7, Jaipur City, Jaipur, vide Award dated 19.1.2006 , in claim case no. 510/05 whereby a sum of Rs. 55,000/- was awarded by way of compensation for the 15.25% 2 disability caused on account of the injury sustained in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel submits that the amount of loss of earning on account of disability has been assessed on lower side and it should have been assessed as per II Schedule of the Motor Vehicles Act. The learned counsel also submitted that during the period of immobilization due to injury, loss of income has not been awarded. Per contra, learned counsel for the R.S.R.T.C. supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. In view of the submissions advanced and on going through the Award and the record of the case, it is revealed that injured Smt. Sumitra Devi was 52 years of 3 age at the time of accident and she sustained injury in his right hand, which resulted into fracture of right humerus bone, resulting into deformity in elbow joint causing 15.25% disability. The learned Tribunal has awarded compensation for loss of earning on account of disability amounting Rs. 30,000/-, but the loss of earning deserves to be computed as per II Schedule of the Motor Vehicles Act , assessing the income of the injured to be 80/- per day being minimum payable at the relevant time. That apart, the learned Tribunal has not awarded any amount for not working for ten months for which the injured remained immobilized, that deserves to be assessed at the rate of Rs. 1000/- p.m., total amounting to Rs. 10,000/-. Thus , the amount of compensation can be computed as under:- “ 80 x 30 x 12 x 15.25% x 11 = 48312 minus 30,000( already awarded) = 18312 + 10,000/- for loss of earning during the injury period = 28312/- to be additionally awarded. 4 Accordingly , the award passed by the learned Tribunal is modified to the extent that the appellant shall be entitled to enhanced additional sum of Rs. 28312/- with 6% interest p.a. from the date of appeal i.e. 17.3.2006 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . The appeal stands disposed of. (Guman Singh)J. ij