1 S.B.CIVIL MISC. APPEAL NO.1286/1999 (Mahendra Singh Vs. Har Nath Singh and ors.) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. K.N.Tiwari,for the appellants. Mr. M.L.Goyal, for the respondents. This appeal has been preferred on behalf of injured-appellant Mahendra singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dated 24.4.1998 whereby a sum of Rs.55,000/- was awarded by way of compensation for 20% disability caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that injured appellant was 30 years of age at the time of accident and he was driver and earning Rs.3000/- per month, hence compensation deserves to be awarded as per second schedule to the M.V.Act so as to adequately compensate the injured. 2 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has awarded Rs.35,000/- for the loss of 20% disability in the accident. The amount awarded is on lower side and deserves to be enhanced while adotping the guide -lines provided under second schedule to the M.V.Act so as to adequately compensate the injured to be placed in the position as if no injury was caused to him. Thus, compensation is computed as under: 3000(monthly earning)x12x18(multiplier)x20% (disability)= 1,29,600-35,000 (already awarded for disability)= 94,600 (to be additionally awarded). 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the 3 learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.94,600/- by way of additional enhanced compensation from the date of appeal i.e. 29.7.98, 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-21