1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.975/99 BANWARI LAL SAINI VS. SURESH KUMAR & OTHERS DATE OF JUDGMENT:- APRIL 21,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. K.N. Tiwari , for the appellant, Mr. V.P. Mathur, for the respondents, BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of appellant claimant for enhancement of compensation awarded by Motor Accident Claims Tribunal, (Co- operative Tribunal) Jaipur, vide order dated 18.5.1999 , in Claim Case No. 886/95, whereby a sum of Rs. 1,31,820/-, was awarded by way of compensation for 52.5% disability caused on account of injuries sustained in the accident resulting to amputation of fingers of left hand. The only challenge in the appeal pertains to quantum of compensation. 2 Learned counsel for the appellant submits that the Tribunal has failed to award adequate compensation by not taking II Schedule to the Motor Vehicles Act to be the guideline and the adequate amount deserves to be awarded in the matter by assessing the daily earning of Rs. 100/-. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. The learned counsel further submitted that the accident pertains to the year 1995. The monthly earning of the injured, who was a barber by profession should not be assessed to be Rs. 100/- , as argued. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the injured was barber by profession and he was 25 years old and on account of the 3 accident, his fingers of the left hand have been amputed resulting into 52.5% disability. The Tribunal has not assessed his income and has observed that no evidence has been produced that he was earning Rs. 125/- per day. However, in view of the fact that injured was barber by profession, his income can be assessed to be at least 70/- rupees per day and the amount deserves to be awarded after adopting appropriate multiplier under II Schedule of the Motor Vehicles Act commensurating with the percentage of the disability as under:- “2100 x 12 x 18 = (multiplier) x 52.5% (disability) = 2,38,140 minus 75,000/- already awarded = 1,63,140/- ( to be additionally awarded). ” Accordingly, the Award is modified to the extent that the appellant shall be entitled to a sum of Rs. 1,63,140/- by way of enhanced additional amount from the date of appeal i.e. 3.7.1999, with 4 interest @ 6% to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The appeal stands disposed of accordingly. Record be sent back. (Guman Singh)J.