1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.903/2000 (Dr. Hari Prakash Vs. Om Prakash and others) Date of Judgment : 02-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur,for the appellant. Mrs. Anupama Chaturvedi, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-injured Dr. Hari Prakash for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, District Jaipur, Jaipur vide order dated 31.3.2000 whereby a sum of Rs.70,000/- was awarded by way of compensation for 10% disability on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation by taking the Second Schedule to the Motor Vehicles Act, 1988 and by adopting 2 appropriate multiplier as the monthly salary of the injured was Rs.4865/-. 6. 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 appellant is a government doctor and was drawing salary Rs.4865/- per month and he deserves to be awarded compensation by taking his monthly income of Rs.4865/- as he was a government servant. The loss of earning on account of disability during the government job is taken care of by the stable government job, he deserves to be awarded for the loss of earning on account of disability after his retirement at the age of 60 years by adopting the appropriate multiplier of 8 and by taking the Second Schedule to the Motor Vehicles Act, 1988 to be the guideline, as 3 under :- 4865x12x8(multiplier)x10/100(percentage of disability)=46704-20000(already awarded) =26704/- (to be additionally awarded) 8. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.26704/- by way of additional enhanced compensation from the date of appeal i.e. 1.7.2000, 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. VS Shekhawat/- item no.H19