1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1976/2000 (Prathvi Singh Vs. Yogendra Soni and ors.) Date of Judgment : 13-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Satyendra Sharma,for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of the injured-appellant Prathvi Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal-cum- Raj. State Cooperative Tribunal, Jaipur vide judgment dated 27.9.2000 whereby a sum of Rs.48,150/- was awarded by way of compensation for 16.1% disability sustained on account of injuries caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has 2 failed to award adequate compensation by taking second schecule to the M.V.Act to be the guideline and has awarded compensation by way of lump sum. 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 further submitted that injured-appellant is a Government servant and he would remain in Government upto 60 years and that should be taken into account and multiplier should be reduced. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the injured- appellant is a Government servant of Police Department and drawing the salary of Rs.5616/- per month and was 36 years of age at the time of accident and amount deserves to be computed by taking second schedule to be the guideline. However, instead of adopting multiplier as provided in second 3 schedule, multiplier available at the age of retirement i.e. 60 years deserves to be adopted as the loss of earning on account of disability during the service period shall be taken care of by the stable Government job. That apart, a sum of Rs.19,000/- for two grievous injuries and 14 simple injuries deserves to be awarded for pain and sufferings after deducting Rs.5,000/- already awarded by the Tribunal. Thus the amount of compensation can be computed as under: Rs.5616 (salary) x 12 x 9 (multiplier) x 16% (disability)= Rs.97,044-(minus)Rs.26,000 (already awarded on account of disability) =Rs.71,044+Rs.19,000(for pain and sufferings) = Rs.90,044/- (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.90,044/- by way of additional enhanced compensation from the date of appeal i.e. 15.11.2000, with 6% interest to be paid 4 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.23