1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : S.B. Civil Misc. Appeal No.1188/2010. (Narpat Singh Vs. Mafaram & Others) DATE OF JUDGMENT : November 24, 2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS __________________________________________ Mr. J.P. Bhardwaj for the appellant. BY THE COURT : Instant appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant while making the prayer for enhancement of the amount of compensation. According to facts of the case, appellant met with an accident on 18.07.2008 when he was going to his home on motor-cycle bearing No.RJ-24M-6593 from Kalandhari, one loading auto-rickshaw hit his motor-cycle and it resulted into the accident, in which, he sustained several simple and grievous injuries. Upon examination by the Medical Board, it was found that claimant-appellant sustained fracture of right leg and assessed 45 per cent permanent disability and, 2 for the same, certificate was issued by the Medical Board under Rule 10.2 (3) of the Motor Vehicles Rules, framed under the Motor Vehicles Act. The appellant filed claim petition against the insurance company for claim of Rs.11,95,000/- but learned Tribunal, after due trial and granting opportunity to the parties, arrived at the finding that the appellant is entitled for compensation of Rs.3,75,700/-, so also passed award for interest at the rate of 6% from the date of filing the claim petition which is 10.10.2008. For the purpose of enhancement of the amount of compensation, learned counsel for the appellant submits that age of the appellant was determined 35 – 36 years and multiplier of 16 was to be applied; but, the learned Tribunal applied multiplier of 15 which is erroneous. Further, it is submitted that on other heads also, the assessment is not proper, therefore, amount of compensation deserves to be enhanced suitably. I have perused the impugned award and considered the arguments advanced by learned counsel for the appellant. With regard to contention of the appellant for applying 3 the multiplier of 16, learned Tribunal has observed in the order that as per judgment of Hon'ble Supreme Court in the case of Sarala Verma & Others Vs. Delhi Transport Corporation, reported in 2009 D.N.J. (SC) 684, multiplier of 15 is proper. Further, under the other heads, compensation awarded by the Tribunal is based on proper and justifiable conclusion, therefore, in my opinion, learned Tribunal has rightly arrived at the finding that the appellant is entitled for total compensation of Rs.3,45,700/-. The issue-wise finding given by the Tribunal does not suffer from any infirmity or illegality; more so, the same is based upon sound reasons. In this view of the matter, there is no force in this appeal. This appeal is accordingly dismissed. (Gopal Krishan Vyas) J. Ojha, a.