1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.352/2000 (Ram Kishan Gupta Vs. Sultan Khan and ors.) Date of Judgment : 07-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.G.S.Rathore, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of the injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal-cum-Raj. State Cooperative Tribunal, Jaipur vide judgment dated 24.1.2000 whereby a sum of Rs.30,000/- was awarded by way of compensation for 16% disability sustained on account of injuries caused 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 failed to award adequate compensation for loss of income by taking second schedule to the M.V.Act to be the guidelines and that 2 deserves to be awarded. 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. It is further submitted that the injured is a Government servant and loss of future income shall be taken care of by the State Government until he is retired at the age of 60. It is also submitted that actual loss of income with the percentage of disability should be scaled down by 50% in view of the fact that second schedule to the Workmen Compensation Act, 1953 provides for 50% loss of earning capacity on account of amputation of leg below knee. 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 not computed the loss of future income by taking second schedule to be the guidelines by adopting appropriate multiplier commensurating with the 3 percentage of disability and thus matter deserves to be viewed in that light and amount deserves to be computed by adopting appropriate multiplier of 8 which is available at the age of 60, the age of retirement. That apart, amount so arrived at deserves to be computed by reducing 50% in view of the fact that second schedule to the Workmen Compensation Act which provides for 50% loss of earning capacity in case of amputation of leg below knee and percentage of disability is 16% on the lower limb of the injured, as such, 16% disability refers to 50% of the total earning capacity of the lower limb. Thus amount deserves to be calculated by further reduction of 50% of the total loss of future earning capacity, as under: 8487 (salary) x 12 x 8 (multiplier) x 16% (disability)= 1,30,360-50%( reduction to arrive at the earning capacity)=65,180/- (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 4 that the appellants shall get a sum of Rs.65,180/- by way of additional enhanced compensation from the date of appeal i.e. 13.3.2000, 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.18