1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** 1. S.B.CIVIL MISC. APPEAL NO.1963/2002 (Nand Lal Vs. Om Prakash and ors.) 2. S.B.CIVIL MISC. APPEAL NO.1973/2002 (Smt.Kamla and ors. Vs.Om Singh and ors.) Date of Judgment : 09-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.M.C.Jain,for the appellants. Mr.P.K.Kasliwal,& Mrs.Archna Mantri, for the respondents. With the consent of both the parties, these appeals are being heard and finally disposed of at admission stage. 2. Heard learned counsel for the parties. 3. These appeals have been preferred on behalf of injured-appellant in claim case No.366/96 and appellant-dependents of deceased in claim case no.146/1996 for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sambhar lake, Jaipur vide judgment dated 25.7.2002 whereby a sum of Rs.43,000 was awarded for 22.5% disability and Rs.1,75,200/- for death of deceased Chitar by way of compensation to the appellant- claimants respectively. 2 4. The only challenge in the appeals pertains to quantum of compensation only. CMA No.1963/2002 ( Claim case no.366/96) 5. Learned counsel for the appellant- injured submits that the learned Tribunal has failed to award adequate compensation for the loss of future income on account of disability sustained in the accident and the Tribunal has assessed Rs.3000/- only on this count. It is also submitted that amount awarded for physical pain and mental agony amounting to Rs.35,000/- takes care for the period of six months immobilization during treatment as well as three fractures sustained by injured-appellant and, as such, amount awarded of Rs.35,000/- for physical pain and mental agony is not required to be considered as against the amount for future loss of earning for disability. It is further submitted that the incident pertains to year 1995 and Coordinate Bench of this court in Smt.Vimla Devi and ors. Vs. Shyopal @ Shiv Dayal and ors.-2009(1) CDR 393(Raj.), has assessed the earning of claimant as Rs.70/- per day and in view of wages 3 prevalent at the relevant time, should be taken into consideration in this case as well. 6. 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 also submitted that Rs.35,000/- awarded for physical pain and mental agony was excessive which should be taken into consideration as against the future loss of income on account of disability. 7. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has failed to award adequate compensation for the future loss of income on account of disability by taking second schedule to the M.V.Act to be the guideline, therefore, a sum of Rs.70/- is assessed to be the daily earning of the injured and the amount deserves to be awarded by adopting 4 multiplier of 12 as per guideline provided in the Judgment of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009 (6) SCC,121, commensurating with the percentage of disability as under: Rs.70x30x12(multiplier)x22.5%(disability) =Rs.1,02,060-(minus)Rs.3,000/-(already awarded)= Rs.99,066/- (to be additionally awarded) 8. Accordingly, appeal of the injured- 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.99,066/- by way of additional enhanced compensation from the date of appeal i.e. 31.10.2002, 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. CMA No.1973/2002 ( Claim case no.146/96) 9. Learned counsel for the appellants- dependents of deceased submits that the learned Tribunal has failed to award adequate compensation as Rs.1200/- has been 5 assessed as monthly earning which is on lower side while a sum of Rs.60/- per day deserves to be considered as his daily earning which he has claimed in the claim petition as he has left behind his widow, one minor son and old parents. 10. 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. 11. On hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was manual labourer and his earning deserves to be computed as Rs.60.0 per day and after taking 1/3 on his own expenses, amount of dependency comes to Rs.40/- per day and thus the amount deserves to be computed by adopting multiplier of 16 in view of age of deceased. Thus the amount of compensation can be computed as under: Rs.40x30x16(multiplier)=Rs.2,30,400-(minus) 6 Rs.1,63,200/-(already awarded)= Rs.67,200/- (to be additionally awarded) 12. Accordingly, appeal of the injured- 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.67,200/- by way of additional enhanced compensation from the date of appeal i.e. 31.10.2002, 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-52-53