1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.936/99 HARENDRA MALHOTRA VS. M/S B.M. JEWELLARS AND ANOTHER DATE OF JUDGMENT :- FEBRUARY 19,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Mahendra Goyal, for the appellant, Mr. Vinod Tyagi, for the respondents, BY THE COURT(ORAL) Heard. This appeal has been preferred on behalf of injured appellant, for enhancement of compensation , against the Award, passed by learned Motor Accident Claims Tribunal,Jaipur City, Jaipur,vide Award dated 16.3.99 , whereby a sum of Rs. 2,19,861/- was awarded by way of compensation for the injuries caused in the accident resulting into 15% disability. The only challenge in the appeal pertains to quantum of compensation. 2 Learned counsel submitted that the Tribunal has failed to award adequate compensation as it did not award interest as there was a condition in the award that if the amount of award is paid within a period of 45 days, there would be no interest , failing which interest at the rate of 12% could be payable. The learned counsel submitted that this has denied him payment of interest. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the computation of the award of compensation has been assessed on the basis of salary drawn by the injured at the time of accident and the amount does 3 not fall short of the amount which can be computed as per II Schedule of the Motor Vehicles Act and as such the amount does not deserve to be enhanced . As regards the condition pertaining to interest, the award deserves to be modified to the extent that the interest rate in the award shall be payable from the date of claim till payment of the award amount is paid or deposited by the Insurance Company. Accordingly, the impugned award is partly modified and without disturbing other terms of the award, the terms pertaining to interest is modified and the interest amount of award is ordered to be paid at the rate of 12% from the date of filing of the claim i.e. 22.7.1998 till the amount of interest is paid or deposited in the Court . The appeal stands disposed of. Record be sent back forthwith. (Guman Singh)J.