1 S.B.CIVIL MISC. APPEAL NO.1403/1999 (Ku.Nanchi Vs. Siraj) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. K.N.Tiwari,for the appellants. Mr. N.S.Chauhan for Mr.R.D.Rastogi, for the respondents. This appeal has been preferred on behalf of injured-appellant Ku.Nanchi for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 12.7.1999 whereby a sum of Rs.32,000/- was awarded by way of compensation for 3% disability on account of injuries sustained int he accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the injured was 5 years old at the time of accident and her left tibia was fractured resulting in 3% disability which she has to carry on for whole life and the compensation deserves to be enhanced by adopting second schedule to the M.V.Act. 2 4. Per contra, learned counsel for the respondents 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. It is further submitted that second schedule to the M.V.Act was introduced on 14.11.94 whereas the accident took place on 12.7.94, therefore, second schedule was not in force at the time of accident. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of accident, injured was 5 years of age and she sustained 3% disability on account of fracture of left tibia and the doctor has opined that disability has to remain for whole of the life and not going to be reduced even after the growth of a child as young lady. Thus while adopting the second schedule to the M.V.Act and considering the income of injured to be Rs.15,000 and adopting appropriate multiplier, the amount comes to Rs.6750/- and this amount deserves 3 to be awarded by way of additional compensation over and above the amount of RS.25,000/- which is required to be paid to the injured under Sec.140 of the M.V.Act so as to adequately compensate her for the injuries sustained in the accident. 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.6750/- by way of additional enhanced compensation from the date of appeal i.e. 10.9.99, 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-29