1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2372/2008 (Kailash Chand Meena Vs. Ram Sahai and ors.) Date of Judgment : 23-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Pankaj Gupta,for the appellants. Ms. Rajni Vyas, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of claimant-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dausa vide judgment dated 25.2.2006 whereby a sum of Rs.80,000/- was awarded by way of compensation for the injuries sustained in the accident resulting in 50% disability. 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 a sum of Rs.80,000/- by way of lump 2 sum while the learned Tribunal should have assessed the income by taking second schedule to the MV Act as guideline as the injured has almost lost his left hand resulting in 50% disability. 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 as per disability certificate Ex.8, fingers of left hand have been injured including the partial amputation of thumb rendering him unable to use his hand for all practical purposes as opined by the Board examining the appellant on disability, therefore, amount of compensation deserves to be computed by taking second schedule to the M.V.Act as guideline. The earning of injured can be taken to be equivalent to that of skilled 3 labour amounting to Rs.68/- per day and by adopting multiplier of 16 commensurating with the percentage of disability sustained in the accident. Thus the amount can be computed as under: 68x30x12x16(multiplier)x50%(disability)= 1,95,840x30,000(for pain and sufferings)- 80,000 (already awarded)=1,45,840/- (to be additionally awarded). 7. 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 Rs.1,45,840/- by way of additional enhanced compensation from the date of appeal i.e. 22.5.2006, 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.43