1 S.B.CIVIL MISC. APPEAL NO.18/2000 (Smt.Asha Devi Vs. Salimuddin and ors.) Date of Judgment : 25-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. K.N.Tiwari,for the appellants. Mr. R.S.Rathore for Mr.A.K.Pareek, for the respondents. Mr.Vinod Tyagi, for respondent no.3. This appeal has been preferred on behalf of injured-appellant Smt.Asha Devi for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur and Rajasthan Cooperative Tribunal, Jaipur vide judgment dated 23.11.1998 whereby a sum of Rs.28,541/- was awarded by way of compensation for 10% disability caused in the accident to the injured- appellant Smt.Asha Devi. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has awarded Rs.10,000/- as against the loss of earning for the disability caused in the accident but the amount of compensation deserves to be enhanced as per 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured was 21 years of age at the time of accident and her loss of income is taken to be Rs.15,000/- under second schedule to the M.V.Act and amount of compensation deserves to be computed while adopting multiplier of 17 commensurating with the age. The amount can be computed as under: 15,000 x 17 (multiplier) x 10% (disability) = 25,500-10,000 (already awarded for loss of earning)= 15,500 (to be additionally awarded). 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the 3 learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.15,500/- by way of additional enhanced compensation from the date of appeal i.e. 23.1.1999, 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 forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-5