1 S.B.CIVIL MISC. APPEAL NO.118/2004 (Shambhu Dayal Meena Vs. Satyaveer and ors.) Date of Judgment : 15-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Virendra Agrawal, for respondents. 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 Shambhu Dayal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 13.10.2003 whereby a sum of Rs.2,25,000/-was awarded to the injured-appellant by way of compensation for 44% 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 2 submits that the learned Tribunal has failed to award adequate compensation for the loss of future income in view of percentage of disability in accordance with second schedule of the M.V.Act. 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. 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-appellant was working as driver and he was 26 years of young boy only and on account of injuries, he sustained fracture of femur bones in both the legs and also on ankle bone & radius bone of ulna of right leg and had to undergo operation trice. Due to injuries sustained, he cannot even s quit and walk and received 44% disability for whole life, therefore, in view of ratio indicated by Hon'ble Apex 3 Court in United Ind. Ins. Co. Vs. Sapna reported in 2008 DNJ 666 (SC), injured deserves to be compensated adequately and hence compensation deserves to be computed as per second schedule of M.V.Act as under: 2000x18x12x18(multiplier)x44%=1,90,080- 1,00,000 (already awarded)= 90,080/-. 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.90,080/- from the date of appeal i.e. 8.1.2004, with 6% interest to be paid within three months. (GUMAN SINGH),J. Srawat/- item no.61