1 S.B.CIVIL MISC. APPEAL NO.1406/1999 (Mangal Chand Saini Vs. Om Prakash Bhargava and ors.) Date of Judgment : 04-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.B.L.Saini for Mr.N.K.Joshi, for respondent no.1. Mr.Pushpendra Sharma for Mr.B.C.Rawat, for respondent no.2. Heard learned counsel for the parties. 2. This appeal has been preferred by the injured Mangal Chand Saini for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur & Rajasthan Coop. Tribunal, Jaipur vide judgment dated 14.7.1999 whereby a sum of Rs.85,930/- was awarded to the injured-appellant by way of compensation for 32.6% permanent disability sustained by him 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 only Rs.30,000/- by way of permanent disability while injured-appellant sustained permanent disability of 32.6% and, as such, 2 amount awarded is on lower side and deserves to be enhanced as per second schedule of the M.A.Act. 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 Mangal Chand Saini, aged 21 years, was earning his livelihood by way of electrician and his monthly income has been taken to be Rs.2000/- per month by the Tribunal while awarding compensation for loss of income for four months. The injured is to be compensated adequately and he is to be placed in a position as if no disability was caused to him, therefore, compensation deserves to be calculated according to second schedule to the M.V.Act taking the income of injured to be Rs.2500/- p.m., and 3 same may be computed as under: 2500x12x17x32.6/100=1,66,260-30,000(already awarded by the Tribunal)=1,36,260 (to be additionally awarded). 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.1,36,260/- 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