1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1407/2000 (Bhanu Kumar Vs. Vasudev and ors.) Date of Judgment : 03-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Jitendra Sharma, for the respondents. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 19.6.2000 whereby a sum of Rs.1,33,000/- was awarded by way of compensation for 40% disability caused on account of injuries sustained in the accident. 2. The only challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has awarded a sum of RS.40,000/- as compensation for the disability sustained in the accident 2 while the amount deserves to be computed by adopting appropriate multiplier commensurating with the percentage of disability. It is also submitted that injured was 15 years old young boy and was a student and he sustained injuries whereby he lost one eye apart from fractures of mendible of face, disfiguration breaking of two teeth as well as fracture and dislocation of wrist and finger and, as such, amount of Rs.20,000/- awarded for mental pain and agony deserves to be enhanced. 4. 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. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed as submitted by the learned counsel for the appellant, he has sustained extensive injuries in the accident 3 as he lost one eye and also sustained fractures as mentioned hereinabove and the same has been proved by the evidence of Dr.S.P.Pathak-AW3. Thus the learned Tribunal has failed to award adequate compensation for 40% disability as compensation by way of lump sum of Rs.40,000/- has been awarded and as such the compensation deserves to be computed by adopting a multiplier of 18 and by taking the income of injured as Rs.15,000/- per annum taking the second schedule of the M.V.Act to be the guideline commensurating with the percentage of disability. That apart, additional sum of RS.10,000/- deserves to be awarded for mental pain and agony. Rs.15000x18(multiplier)x40%(disability) =Rs.1,08,000-(minus)Rs.40,000/-(already awarded)= Rs.68,000/-+Rs.10,000/-(additional sum for mental pain and agony)= Rs.78,000/- (to be additionally awarded) 6. 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.78,000/- by way of additional enhanced compensation from the date of appeal i.e. 4 30.8.2000, 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.h-25