1 S.B.CIVIL MISC. APPEAL NO.1621/1999 (Manohar Lal Sharma Vs. Girdhari Lal and anr.) Date of Judgment : 26-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Intazar Ali,for the appellants. Mr.Virendra Agrawal , for the respondents. This appeal has been preferred on behalf of injured-appellant Manohar Lal Sharma for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipurcity, Jaipur vide judgment dated 6.9.99 whereby a sum of Rs.27,000/- was awarded by way of compensation after deducting 25% amount on account of contributory negligence for 8.78% disability caused on account of injuries sustained in the accident. 2. The challenge in the appeal pertains to finding on contributory negligence as well as quantum of compensation. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the same should have been awarded as per second schedule to the M.V.Act for the disability 2 caused. It is also submitted that the learned Tribunal has failed to decide the point of negligence in right perspective as the injured was standing at the red light when the bus came from behind and dashed him along with two other vehicles i.e. Tempo and scooty. 4. 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 also submitted that the learned Tribunal was right in finding the contributory negligence to the extent of 25% of the injured because he should have stopped at the left side of the road at the red light stoppage while he was standing at the right side of the road which is meant for heavy vehicle and not for light vehicles or for the cyclist. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the accident 3 took place when the injured who was cyclist was standing at the red light along with other vehicles and he was dashed by the bus coming from behind which also dashed two other vehicles i.e. Tempo and scooty. The finding of contributory negligence to the extent of 25% on the part of injured given by the learned Tribunal, cannot be sustained on the ground that the offending vehicle dashed the standing person at the stoppage at red light and it was duty of the vehicle coming from behind that he may not collide with the vehicle or person already standing at the red light. Therefore, the finding of the learned Tribunal on issue no.1 pertaining to contributory negligence is set aside. As regards the quantum of compensation, the learned Tribunal has failed to award compensation for the loss of earning on account of disability sustained under the second schedule to the M.V.Act. The injured is a Government Servant and loss of earning during his service tenure can be naturally taken care of by the State Government, as such, he deserves to be awarded compensation for loss of earning at the age of his 4 retirement by adopting appropriate multiplier of 8. The monthly income of the injured is found to be Rs.4600/- at the time of accident. The compensation can be computed as under: 4600x12x8(multiplier)x8.78%(disability)= 38,772+9,000(already deducted on account of contributory negligence)= 47,772/- (to be additionally awarded). 6. 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.47,772/- by way of additional enhanced compensation from the date of appeal i.e. 11.11.99, 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.h-7