1 S.B.CIVIL MISC. APPEAL NO.903/1998 (Subhash Singh Vs. Saitan Ram) Date of Judgment : 02-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari, for the appellants. Mr.Satendra Sharma, for respondent- Ins.company. This appeal has been preferred by the injured Subhash Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 23.6.1998 whereby a sum of Rs.92,000/- was awarded to the appellant-injured by way of compensation. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has awarded compensation on lower side and the compensation deserves to be awarded by adopting the multiplier commensurating with the age of the injured i.e. by adopting a multiplier of 18. It is further submitted 2 that the learned Tribunal has awarded compensation for loss of income during hospitalization and immobilization of the 10 months while it should have awarded for 18 months. 4. 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 if the amount is to be determined under second schedule in that case, actual period of disablement cannot exceed to 52 weeks under Cl.5 of the second schedule. It is also submitted that amount of Rs.44,000/- awarded by the learned Tribunal for the difficulties sustained by injured should be deducted on account of future loss of income of the injured. 5. After hearing the rival contentions, and on going through the award,as also, the record of the case, it is revealed that the compensation deserves to be awarded by 3 adopting multiplier of 18 commensurating with the age of injured and the amount already awarded for the loss of income is required to be enhanced. That apart, in place of Rs.1800/- awarded for the loss of income of injured for 10 months, this amount deserves to be awarded for the period of 18 months @1800/- per month which comes to Rs.14400/- (32400-18000=14,400/-). As regards the argument of learned counsel for the respondent-Insurance Company for payment of Rs.44,000/-, it may be observed that in view of the injuries sustained by injured, he has been awarded Rs.15,000/- for physical pain but no amount has been awarded on account of difficulty in discharging social obligation, mental agony and stress to be caused to the injured and, as such, amount of Rs.44,000/- awarded on account of physical pain and disability is not required to be deducted from the amount determined for the future loss of income to the injured. Thus, the amount awarded deserves to be computed as under: 1800x12x18(multiplier)=3,88,800x23% =89424+14,400(immobilization of the injured during treatment)=1,03,824/-. 4 6. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount of compensation to the tune of Rs.1,03,824/- from the date of appeal i.e. 10.8.1998, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. The record of the case be sent back to the learned Tribunal. The award shall stand modified and appeal is disposed of accordingly. (GUMAN SINGH),J. Srawat/- item no.h-28