1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2724/2008 (Suresh Verma Vs. Rameshwar Prashad) Date of Judgment : 20.4.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Bhanu Prakash Verma,for the appellants. Mrs.Archana Mantri, for the respondents. Both the parties agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. And Sessions Judge (Fast Track), Dausa vide judgment dated 17.3.2008 whereby a sum of Rs.48,866/- was awarded by way of compensation for the injuries sustained in the accident resulting in 14.44% 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 Rs.40,000/- by way of lump sum for 2 disability, mental & physical agony and loss of income while compensation should have been awarded by taking at least Rs.100/- per day to be the earning of the injured by adopting appropriate multiplier commensurating with the percentage of disability. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured is 25 years young man and he was engaged as dealer in Leather products and, as such, his monthly income should be assessed to be RS.100/- per day as submitted by learned counsel for the appellant and the amount deserves to be computed by adopting appropriate multiplier under second schedule to the M.V.Act commensurating with the 3 percentage of disability. The amount so arrived at deserves to be reduced by Rs.20,000/- for loss of earning already awarded out of Rs.40,000/- on composite heads. Thus the compensation can be computed as under: 100x30x12x17(multiplier)x14.44%(disability) =88,372-20,000(already deemed to have been awarded as above)=68,372/- (to be additionally awarded). 8. 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.68,372/- by way of additional enhanced compensation from the date of appeal i.e. 29.5.08, 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.75