1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.710/2000 (Krishan Singh Vs. Rajesh and ors.) Date of Judgment : 02-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.S.R.Joshi, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Krishan Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Rajasthan Cooperative Tribunal, Jaipur vide judgment dated 6.3.2000 whereby a sum of Rs.26,792/- was awarded by way of compensation for the injuries sustained in the accident resulting into 6% disability. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has assessed monthly income to be Rs.2000/- but has failed to award compensation by adopting appropriate multiplier of 17 by taking 2 second schedule to the M.V.Act to be the guideline commensurating with the percentage of disability. It is also submitted that the learned Tribunal has awarded compensation for one month for loss of income while he should have been awarded loss of income for a period of 5 months for immobilization during treatment. 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 also submitted that the learned Tribunal has committed arithmetical error while computing the compensation on various counts as the total amount under various counts comes to Rs.20,792/- while the learned Tribunal has awarded RS.26,792/- and, as such, while awarding additional amount of compensation, the amount paid in excess deserves to be deducted from the additional amount, if any amount found to be additionally awarded. 6. After hearing the rival contentions, and going through the award as also record of 3 the case, it is revealed that as submitted by learned counsel for the appellant, loss of income on account of loss of disability deserves to be awarded by taking second schedule to the M.V.Act to be the guideline and thus amount can be computed as under: 2000x12x17(multiplier)x6%(disability)= 24480 -6000(already awarded)=18,480+8000 (to be awarded for 4 months immobilization during treatment)=26,480-6000(to be deducted on account of arithmetical error by the Tribunal)=20,480/- (to be additionally awarded). 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.20,480/- by way of additional enhanced compensation from the date of appeal i.e. 24.5.2000, 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.16