1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.678/2000 (Ram Kishore Vs. Hem Raj and ors. ) Date of Judgment : 02-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.Raaj Pal Choudhary, for the respondent no.3. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injurded-appellant Ram Kishore for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kotputli vide judgment dated 29.1.2000 whereby a sum of Rs.1,80,000/- was awarded by way of compensation for the injuries sustained resulting into 30.83% disability in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has not taken into account the earning of the injured by way of Tutions which he was earning over and above his salary of 2 RS.1500/- per month by working as Teacher. It is also submitted that compensation deserves to be enhanced on other counts also. 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 the learned Tribunal has taken into account the earning of Rs.1500/- per month of the injured on account of his salary as a Teacher and has computed the compensation by taking second schedule to the M.V.Act to be the guideline by adopting multiplier of 17 commensurating with the percentage of disability. In view of this finding, the amount assessed for loss of earning appears to be just and reasonable and also calls for no interference. As regards the income out of Tutions depends on availability of such 3 Tutions, suchincome cannot be taken to be the stable income through continuous source to be added in the monthly salary without there being any basis in support. As regards the loss of income on account of immobilization for the period of 6 months and compensation for mental & physical pain, the learned Tribunal has adequately awarded sum of Rs.18,000/- and Rs.31,000/- respectively. That appears to be just and reasonable in the facts of the cases and, therefore, the finding of the learned Tribunal on various counts for which compensation has been awarded, calls for no interference. 7. Accordingly, appeal of the appellant has no substance and hence it is dismissed. (GUMAN SINGH),J. Sandeep/- item no.h-12