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.637/1999 Shanti Devi VS. Mala Ram and others DATE OF JUDGMENT :- FEBRUARY 17,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. S.M. Khemchandani, for the appellant, Mr. Vinod Tyagi, Mr. R.D.Rastogi, Mrs. Sumati Bishnoi, for the respondents, BY THE COURT(ORAL) Heard. This appeal has been preferred by the appellant Smt. Shanti Devi, injured claimant,for enhancement of compensation, against the Award, passed by learned Motor Accident Claims Tribunal, Jaipur, district, Jaipur, vide Award dated 25.2.1999, whereby 75% of the total amount of Rs. 1,84,000/- was awarded for amputation of her right hand, which resulted on account of the injury sustained in the accident. 2 The only challenge in the appeal pertains to quantum of compensation and for awarding 100% compensation by reversing the finding of the Tribunal that the injured appellant had contributed by 25%. Learned counsel for the appellant has submitted that the appellant was travelling in the bus and was sitting on the last seat on driver's side and on account of accident resulting in friction , her right hand went out of the window and that was amputed on the spot. The learned counsel submitted that there was no fault on the part of injured. The learned counsel submitted that the amount awarded is on lower side and the same deserves to be awarded by computing the amount on the basis of II Schedule of the Motor Vehicles Act. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation 3 in view of the evidence adduced during enquiry and the same calls for no interference. Having considered the submissions and going through the award as well as the record of the case, it is revealed that at the time of accident, the injured was travelling in the bus and was sitting on the last seat by the driver's side and the bus was hit by the vehicle coming from opposite direction. On account of the friction , the hand of the lady went out of the window and was amputed. A.W. 4 Jagdish, who was eye witness of the occurrence and was sitting in the bus has also supported this version of the occurrence. Therefore, the finding of the learned Tribunal that the injured had contributed 25% in the accident and was negligent is without any basis and the same deserves to be set-aside . The amputation near the shoulder joint is found to be 90% as per Part II of the Schedule to the Workman's Compensation 4 Act. The computation deserves to be computed as under:- “15,000 x 11( multiplier) x 90/100(percentage disability) = 1,48,500 + 84,000( awarded on other counts)= 2,32,500 minus 1,38,000( already awarded) = 94,500/- ( to be additionally awarded) Accordingly, the impugned award stands modified and the appellants is awarded enhanced additional amount of 94,500/- (ninety four thousand five hundred only ) from the date of appeal i.e. 23.4.1999 , with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The appeal stands disposed of. Record be sent back forthwith. (Guman Singh)J.