1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.898 of 2000. Bhanwar Lal son of Shri Sukha Ram VERSUS Mahendra Singh son of Shri Raghuveer Singh & Others Date of Judgment :::: 28/04/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sandeep Mathur, Counsel for Claimant-Appellant None present for the non-claimants-respondents By the Court : Claimant-appellant, who happens to be a Constable in the Rajasthan Armed Constabulary Battalion lost his one leg permanently in an accident by a truck, which struck him while he was waiting for a bus, filed an appeal for enhancement against the claim/award dated 11.04.2000 passed by the learned Judge, Motor Accident Claims Tribunal and Rajasthan State Co-operative Tribunal, Jaipur, wherein total claim of Rs.1,37,000/- has been passed in his favour. The facts of the case are not in dispute. 2 The learned counsel for the claimant-appellant pleaded that the claimant-appellant has lost his leg below knee and suffered 40% permanent disability. As per argument of the learned counsel for the claimant-appellant the claimant-appellant is still in service, but now he will be debarred for any further promotion in his life to come. He was getting Rs.2600/- per month as salary. Learned counsel for the claimant-appellant has placed reliance on the judgments of this Court in the case of Pramod Kumar Mishra Vs. Ram Nath and Others, reported in 2001 (2) W.L.C. (Raj.) 418 and in the case of Ghanshyam Das Choudhary Vs. Manoj Kumar and Others, reported in MACD 2008 (1) (Raj.) 270. The learned Tribunal without there being any reason has awarded Rs.60,000/- only for his disablement, which is not correct and on the basis of proved monthly income Rs.2600/- of the claimant- appellant and also 40% disability, if taken by giving multiplier of 17 (2600x12x17x40) divided by 100, comes out to Rs.2,14,160/-. The learned Tribunal has awarded only Rs.60,000/- for this disability, which is much less for which he is entitled. For the disability the appellant- 3 claimant is entitled would be Rs.2,14,160/-. In addition to this disability award, the appeal would be entitled for future loss of promtoion, pain and mental agony and for injuries sustained would be Rs.25,000/-+Rs.10,000/- +Rs.2000/- respectively. Thus the total award would be for Rs.2,14,160/-+Rs.25,000/-+Rs.10,000/-+Rs.2000/- = Rs.2,51,160/- To this extent, the miscellaneous appeal deserves to be allowed. Consequently, the appeal of claimant- appellant for enhancement is partly allowed and instead of total compensation of Rs.1,37,000/- as awarded by the tribunal, the appellant is entitled to total compensation of Rs.2,51,160/-. Any amount, if already paid to the claimant-appellant will be deducted from the total amount. The rate of interest will be same, as per directions given by the learned Tribunal for the unpaid amount. Rest of the directions of the Tribunal are maintained. The responsibility and liability of the respondents to make payment of this enhanced amount shall be as per the judgment of the Tribunal. No order as to costs. Bhanwaroo Khan, J. ashok/ 4