1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.100/2006 (Suman Kumar Vs. Surendra Lohiya) Date of Judgment : 06-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.Digvijay Mantri, for the respondents. Both the parties are agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, & Essential Commodities Act, Jaipur vide judgment dated 31.8.05 whereby a sum of Rs.22,349/- was awarded by way of compensation for 5.41% disability caused on account of injuries sustained in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has awarded the sum of Rs.10,000/- on account of 2 disability while the amount deserves to be awarded by taking second schedule to the M.V.Act to be the guidelines so as to adequately compensate the injured. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured deserves to be adequately compensated by adopting second schedule to be the guidelines and by adopting appropriate multiplier of 8 as the injured was 46 years old and was to retire from Government job at the age of 60 years and during the Government job, the loss of income was to be taken care of by the Government and thus he is entitled to be awarded compensation by adopting multiplier of 8 which is available at the age of retirement. Thus the amount of 3 compensation can be computed as under: 8600x12x8(multiplier)x5.41%(disability)= 44,664-10,000(already awarded for loss of disability)= 34,664 (to be additionally awarded) 7. Accordingly, appeal of the appellants 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.34,664/- by way of additional enhanced compensation from the date of appeal i.e. 17.10.05, 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.89