1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.3016/2006 (Devki Nandan Vs. Jai Pal and ors. ) Date of Judgment : 15-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.B.N.Sandu, for the respondents. Both the parties have agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 4.4.05 whereby a sum of Rs.30,000/- was awarded by way of compensation for 2.5% 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 not awarded the adequate compensation and has 2 awarded compensation by way of lump sum and same deserves to be enhanced by taking second schedule to the M.V.Act to be the guidelines commensurating with the percentage of disability. 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 the learned Tribunal has already awarded Rs.30,000/- which includes RS.25,000/- provided by way of no fault liability under Sec.140 of the M.V.Act and, as such, adequate amount has been awarded. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured- appellant has already been awarded a sum of Rs.30,000/-, thus looking to the facts & circumstances of the case and nature of injury on the eye and other parts of the body, and considering the pain which the 3 injured has suffered, additional sum of Rs.5000/- deserves to be awarded over and above what has been awarded by the Tribunal. 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.5,000/- by way of additional enhanced compensation from the date of appeal i.e. 6.7.2003, 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.95