1 S.B.CIVIL MISC. APPEAL NO.902/1999 (Ku Lalita Vs. Mahendra Kumar and ors.) Date of Judgment : 04-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.R.S.Rathore, for respondent-Ins.Company. Heard learned counsel for the parties. 2. This appeal has been preferred by the injured Ku.Lalita for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur-cum- Rajasthan Coop. Tribunal, Jaipur vide judgment dated 10.5.1999 whereby a sum of Rs.30,000/- was awarded to the injured- appellant by way of compensation for 3% disability due to fracture of right Tibia and Fabula in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the compensation awarded to the injured-appellant is on lower side i.e. sum of Rs.15,000/- was awarded by way of compensation for the disability caused while the appellant should have been awarded at 2 least Rs.25,000/- on account of disability caused as the minimum amount to be paid under Sec.140 of the Motor Vehicles Act is Rs.25,000/- in case of disability which came into force on 14.11.1994. 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 injured- appellant Ku. Lalita sustained 3% disability on account of accident in which she sustained fracture of right Tibia and Fabula and she had to take rest for one and half months. At this stage, without going into the quantum of compensation awarded under other counts, the amount of compensation awarded on account of disability to the extent of Rs.15,000/- deserves to be enhanced to RS.25,000/- specially inview of 3 amendment in Sec.140 of the Motor Vehicles Act on dated 14.11.1994 whereby the provision of interim compensation of RS.25,000/- was made in case of disability. 7. Accordingly, appeal of the appellant 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.10,000/- by way of additional enhanced compensation from the date of appeal i.e. 28.6.1999, 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 back forthwith. (GUMAN SINGH),J. Srawat/- item no.h-19