1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1516/2006 (Rameshwar Jat Vs. Gopal Lal Gupta and ors. ) Date of Judgment : 15-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vimal Kumar Jain,for the appellants. Mr.V.P.Mathur, for the respondents. Both the parties agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, -cum- Addl. District Judge (Fast Track) No.3, Tonk vide judgment dated 12.1.2006 whereby a sum of Rs.4,000/- was awarded by way of compensation for 3% 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 as per the certificate issued by the Board consisting of three Medical 2 Experts, disability has been found to be 3%, but the learned Tribunal has erred in giving finding that the disability was not proved. It is further submitted that in view of disability sustained at least a sum of Rs.25,000/- equivalent to the amount of no fault liability under Sec.140 of the M.V.Act should be awarded so as to adequately compensate the injured. 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 doctor has not been examined and the disability is not proved as held by the Tribunal 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that as per Ex.8, disability certificate issued by the Board consisting of three Medical Experts, injured has sustained injuries and disfiguration of 3 parietal region of scalp has also been found. Though it has not been specifically stated that what percent of disability has been found on account of aforesaid two counts but it is sufficiently revealed that the injured had sustained disability and, therefore, as submitted by learned counsel for the appellant, minimum sum of Rs.25,000/- equivalent to that of no fault liability under Sec.140 of the M.V.Act deserves to be awarded to the injured- appellant in addition to what has been awarded by the Tribunal. 7. 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.25,000/- by way of additional enhanced compensation from the date of appeal i.e. 21.3.2006, 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. 4 Sandeep/- item no.93