1 S.B.CIVIL MISC. APPEAL NO. 1103/2006 (Dashrath Singh Vs. Rajat Mathur and ors.) Date of Judgment : 05-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rinesh Gupta for the appellants. Mr.Shiv Garg, for respondent-Ins.company. Both the parties are agreed that this appeal may be finally disposed of at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred by the injured Dashrath Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Ajmer vide judgment dated 18.7.2005 whereby a sum of Rs.80,102/-was awarded to the appellant by way of compensation for 25% disability sustained by injured on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has 2 awarded compensation on lower side and has failed to award adequate compensation on the basis of loss of future earning and the amount awarded deserves to be enhanced. 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. It is further submitted that the injured is still in job and has not been retired as yet, as such, he has not been put to any monetary loss on account of injuries sustained and, as such, loss of future income is not required to be awarded separately. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of accident, injured was 47 years of old and he has sustained 25% disability on account of fracture of tibia and fabula bone of leg as shown in Ex.7 and he had to be operated for the injuries caused and in view of ratio 3 indicated by Hon'ble Supreme Court in the case of United Ind. Ins. Co. Vs. Sapna reported in 2008 DNJ 666 (SC) in which the injured was placed in the same position as no injury was caused to him, therefore, amount of compensation deserves to be calculated on the basis of minimum wages @80/- per day and appropriate multiplier of 16 as per age commensurating with the percengage of injury sustained as under: 80x30x12x16 (multiplier)x25%=1,15,200-80,000 (already awarded by Tribunal on other heads) =35,000/- 8. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total amount of compensation deserves to be enhanced by additional sum of Rs.35,000/- from the date of appeal i.e. 15.2.2006, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. (GUMAN SINGH),J. Srawat/- item no.33