1 S.B. CIVIL MISC. APPEAL NO.2652/2004 SATYA NARAIN SONI V/s BEERAM SINGH & Ors. DATE OF ORDER :- MAY 09, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri J.P. Gupta, for the appellants. Shri Inderjeet Singh, for respondent No.3. 1. The case has come up for admission. Counsel of both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by injured Satya Narain Soni for enhancement of claim against the award dated August 16, 2004, of the learned Motor Accident claims Tribunal, Beawar (Additional District & Sessions Judge (Fast Track, (Beawar), (for short 'the Tribunal') in Claim Petition No.662/2004, whereby a sum of Rs.22,000/- has been awarded as compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that the learned 2 Tribunal has awarded compensation on lower side as the fact that the injured sustained one fracture on each leg and remained out of work and had to remain on leave at least for three months has not been considered. Learned counsel further submitted that the leave availed by the employee is paid by the State Government on retirement. Hence the salary of three months be reimbursed to the injured. 5. Per contra, learned counsel for the respondent No.3 supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court. 6. In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the injured is an employee of RSEB and he has filed a salary certificate in which salary is stated to be Rs.5,985/- and in view of the fact that he sustained fracture on both the legs and was on leave for three months and as such the same deserves to be reimbursed by way of compensation. Accordingly, the awarded 3 amount deserves to be enhanced by Rs.17,955/-. 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.22,000/- to Rs.39,955/-, with interest at the rate of 6% p.a. from the date of appeal i.e. 7.12.2004 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 8. the appeal stands disposed of with the modification indicated hereinabove. (Guman Singh)J. Chauhan/-