1 S.B.CIVIL MISC. APPEAL NO.1003/1998 (Narendra Kumar Vs. Babulal and ors.) Date of Judgment : 12-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Intizar Ali,for the appellants. Mr.Ishwar Jain, for the respondent-Haryana Roadways. Mr.Ishwar Jain, who is standing counsel of Haryana Roadways is directed to appear in this case. He puts in appearance on behalf of Haryana Roadways and matter has been heard finally. 2. This appeal has been preferred on behalf of the injured-appellant Narendra Kumar Sharma for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 1.7.98 whereby a sum of Rs.1,30,000/- was awarded by way of compensation for the injuries caused in the accident resulting in 55% disability in the accident. 3. The challenge in the appeal pertains to finding on contributory negligence by the learned Tribunal. 2 4. Learned counsel for the appellant submits that the appellant-injured sustained serious injuries on right parietal region of the skull and he has lost his power of speech. It is also submitted that injured remained hospitalized for quite long time and he is not in a position to earn his livelihood. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured- appellant was seriously injured and 55% disability was found on account of injuries sustained on head and other parts of the body which is proved from certificate issued by Medical Board Ex.27. The income of the injured-appellant is stated to be Rs.1500/- per month and the amount of compensation 3 deserves to be computed on the basis of second schedule to the M.V.Act. Thus the amount can be computed as under: 1500x12x17(multiplier)x55%(disability)= 1,78,200-20,000 (already awarded loss of earning) = 1,58,200 (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 appellant shall get a sum of Rs.1,58,200/- by way of additional enhanced compensation from the date of appeal i.e. 31.8.98, 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.h-31