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.1094/2000 VIJAY SINGH VS. SURENDRA SINGH & OTHERS DATE OF JUDGMENT:- MAY 14,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. L.L. Gupta, for the appellant, Mr. Anil Sharma for the Resp.Nos. 1 & 2, Mr. Praveen Jain,for the Resp.No. 3 , BY THE COURT (ORAL) This appeal has been preferred on behalf of appellant claimant Vijay Singh for enhancement of compensation awarded by Motor Accident Claims Tribunal, Sawaimadhopur, vide order dated 1.5.2000 , in Claim Case No. 99/99 , whereby a sum of Rs. 53,000/-, was awarded by way of compensation for 15% disability caused on account of injuries sustained in the accident. The only challenge in the appeal pertains to quantum of compensation. 2 Learned counsel for the appellant submits that the Tribunal has failed to award adequate compensation and that deserves to be computed by taking II Schedule to the Motor Vehicles Act ( for short ' the Act') to be the guideline. It was further submitted that the injured was working on the shop of water pumps and as such his daily income deserves to be assessed equivalent to the skilled labourer amounting to Rs. 70/- per day. 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 inquiry 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 Tribunal has awarded compensation by awarding lump sum on account of the disability sustained and that deserves to 3 be awarded by assessing the income of the deceased to be Rs. 70/- per day and by adopting multiplier of 16 commensurating with the percentage of disability by adopting II Schedule of the Act to be the guideline . The amount can be computed as under:- “70 x 30 x 12 x 16 = (multiplier) x 15% (disability) = 60,480/-, minus 15,000/- (already awarded) = 45,480/-(to be additionally awarded). ” Accordingly, the Award is modified to the extent that the appellant shall be entitled to a sum of Rs. 45,480/-, by way of enhanced additional amount from the date of appeal i.e. 29.7.2000, with interest @ 6% to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The appeal stands disposed of accordingly. Record be sent back. (Guman Singh)J. 4