[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 1404/2004 SMT. KAMLA DEVI @ PUSHPA Vs. SUBEY SINGH & ORS. Date: 24.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Kamal Gupta for the claimant/appellant. Ms. Manju Jain for the respondent No.3. **** The claimant/appellant has preferred the present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Neem-Ka-Thana, District Sikar (for short 'the Tribunal') vide impugned Award dated 04.06.2004 passed in M.A.C. Case No. 164/2000, whereby the claim petition filed by the claimant/appellant has been partly allowed and compensation to the tune of Rs. 1,16,500/- has been awarded in his favour. The enhancement of the compensation is sought for on the ground that even not a single penny has been awarded by the Tribunal towards earning of the appellant. Further the Tribunal has not considered the permanent disability of 65.56% which has been assessed by the Medical Board. It is also submitted that the claimant/appellant cannot perform the household [2] work on account of the permanent disability and the injuries sustained by her on the right leg and, therefore, looking to the percentage of permanent disability, just and reasonable compensation has not been awarded by the Tribunal and the same required to be enhanced. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned Award dated 04.06.2004 passed by the Tribunal. It is not disputed that the appellant received permanent disability to the extent of 65.56% and it is also not disputed that even not a single penny towards loss of income has been awarded in favour of the claimant/appellant as she was doing the business of household work, agricultural work and tailoring work also. Considering the overall facts and circumstances of the case, the compensation awarded by the Tribunal in favour of the claimant/appellant to the tune of Rs. 1,16,500/- cannot said to be just and reasonable and the same is enhanced from Rs. 1,16,500/- to lump sum Rs. 1,40,000/-. The respondent Insurance Company is directed to make the payment of the enhanced compensation amount to the claimant/appellant within a period of two months, failing which the Insurance Company will have to make the payment of the enhanced amount with interest @ 6% p.a. [3] With these observations, the civil misc. appeal stands partly allowed and the impugned Award dated 04.06.2004 passed by the Motor Accident Claims Tribunal, Neem-Ka-Thana, District Sikar is modified to the extent as indicated herein above. Record be sent back. (K.S. RATHORE)J. /KKC/