1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.427/2000 (Satya Narayan Vs. Ram Narayan and ors.) Date of Judgment : 06-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Kamla Gupta for Mr.Mahesh Gupta,for the appellants. Mr.R.D.Meena, for the respondents. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 10.11.1999 whereby a sum of Rs.40,000/- was awarded by way of compensation for 45% disability caused on account of injuries sustained in the accident. 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 compensation of Rs.20,000/- by way of lump sum for the disability caused and medical bill and, as such, amount deserves tob e computed by taking second schedule to be the guideline. 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. It is also submitted that disability certificate has not been issued by the Board of Medical Doctors and same has been issued after 1 ½ years, and discharge ticket of the injured has not been submitted while as per Injury report, there were only two injuries; one was found to be fracture in the femer bone and another was abrasion. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed that injured has sustained fracture in femer bone and was hsopitalized for 15 days and a rod was fixed in his leg for support and, as such, the disability certificate Ex.22 appears to have been issued to show the gravity of injury. As regards the income of the injured, it has been submitted that he was earning Rs.3000/- per month but there is no supportive evidence on the point and, as such, minimum 3 wages available at the time of accident deserves to be taken into account amounting to Rs.35/- per day and compensation deserves to be computed by taking appropriate multiplier of 17 according to the guidelines of Hon'ble Apex Court in Sarla Verma (Smt) and ors. Vs. Delhi Transport Corporation and anr.-(2009)6 SCC,121. A sum of Rs.5000/- as medical expenses is also included in the amount of awarded compensation for disability in Rs.30,000/-, as such, that deserves to be deducted. That apart, injured remained immobilized for six months on account of extensive injury in the femer bone and, as such, sum of Rs.6000/- deserves to be awarded and thus Rs.30,000- Rs.11,000=Rs.19,000/- in all deserves to be deducted from additional enhanced amount to be computed, as under: Rs.35x30x12x17(multiplier)x45%(disability) =Rs.96,390-Rs.19,000/-(already awarded) =Rs.77,390/-(to be additionally awarded) 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of 4 Rs.77,390/- by way of additional enhanced compensation from the date of appeal i.e. 14.12.1999, 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-33