1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.301/2006 (Dinesh Kumar Sen Vs. Rajesh and ors.) Date of Judgment : 22-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Mahendra Sharma,for the appellants. Ms.Manju Jain, for the respondents. Both the parties have agreed for final disposal of the appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dausa vide judgment dated 9.11.2005 whereby a sum of Rs.88,798/- was awarded by way of compensation for 14% disability caused on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to 2 quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to assess monthly earning of injured on lower side as the Tribunal has assessed Rs.2160/- per month while sum of Rs.3000/- deserves to be assessed. It is also submitted that the amount awarded for three months period of immobilization during treatment also deserves to be awarded commensurating with the percentage of disability and also with the income to be assessed on higher side. 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. It is also submitted that the injured has already been awarded interest for almost four years period @9% per annum prior to filing the claim petition and that deserves to be set off against the interest on additional amount to be awarded in appeal. 3 7. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that accident took place in the year 2002 and the injured was working on the machine for extraction of oil. The income assessed appears to be on lower side and, as such, income of Rs.3000/- deserves to be assessed and amount deserves to be computed by taking second schedule to the M.V.Act to be the guideline. That apart, Rs.5520/- deserves to be awarded for the period of three months immobilization during treatment and accordingly as submitted by learned counsel for the respondent, interest in the appeal deserves to be awarded after the period of 4 years from the date of filing of appeal so as to set off the amount already received by injured. Thus the compensation can be computed as under: Rs.3,000x12x18(multiplier)x14%(disability) =Rs.90,720-(minus)Rs.65,318/-(already awarded)=Rs.25,402/-+Rs.5520(additional amount for three months' immobilization) =Rs.30,922/-(to be additionally awarded). 8. Accordingly, appeal of the appellants is partly allowed and the Award passed by the 4 learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.30,922/- by way of additional enhanced compensation with 6% interest to be paid within three months to be calculated after elapse of four years period from the date of appeal i.e. 16.1.2006. 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.77