1 S.B.CIVIL MISC. APPEAL NO.322/2000 (Bhagwan Sahai Vs. Sampat Lal and ors.) Date of Judgment : 16-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Satyendra Sharma, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant Bhagwan Sahai for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 30.11.1999 whereby a sum of Rs.41,000/- was awarded by way of compensation for the injuries caused in the accident resulting into 21.56% disability in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the Tribunal has not awarded any amount for loss 2 of future earning by taking second schedule to the M.V.Act as guideline and that deserves to be awarded. 6. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has awarded Rs.35,000/- by way of mental and physical pain & agony but no amount has been awarded for loss of future earning on account of disability, therefore, the amount of loss of future earning on account of disability deserves to be awarded as per second schedule to the M.V.Act by taking it as guideline and out of Rs.35,000/- awarded for loss of mental and physical pain & agony, Rs.30,000/- deserves to be deducted from the amount of loss of future earning. Thus the amount can be computed as under: 3 2000x12x18(multiplier)x21.56%(disability)= 92,139-30,000 (to be deducted for mental & physical pain & agony)= 63,139/- (to be additionally awarded). 8. 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.63,139/- by way of additional enhanced compensation from the date of appeal i.e. 2.3.2000, 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.97