CMA 476/2000 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Misc. Appeal No.476/2000 Bala Sahay Vs. Shri Pep Singh and others Date of Judgment :: 31st March, 2009 P R E S E N T Hon'ble Mr. Justice Guman Singh Mr. K.N. Tiwari, for appellant. Mr. Tripurari Sharma, for respondent. BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of the injured-appellant Bala Sahay for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide order dated 22/2/2000 in Claim Case No.9/95 whereby a sum of Rs.65,000/- was awarded by way of compensation for the injuries caused in the accident resulting to 26.75 % disability. 2. The only challenge in the appeal pertains to quantum of compensation. CMA 476/2000 (2) 3. Learned counsel for the appellant has submitted that the Tribunal failed to award adequate compensation and the same deserves to be awarded by adopting the Second Schedule to Motor Vehicles Act, 1988 to be the guideline and treating the income of the injured to be Rs.2500/- per month and by adopting appropriate multiplier commensurating with the percentage of disability. 4. Per contra, learned counsel for the respondent supported the judgment and award of the Tribunal on the ground that adequate compensation has been awarded and the same calls for no interference. 5. Having considered the rival submissions and going through the award as well as the record of the case, it is revealed that the Tribunal has awarded Rs.40000/- by way of lump sum for loss of earning and on other counts. The injured was engaged as a plumber and his daily income can be taken to be Rs.70/- and the compensation amount deserves to be computed by taking the Second Schedule to the Motor Vehicles Act, 1988 to be the guideline as CMA 476/2000 (3) under : - 70x30=2100x12x18(multiplier)x26.75/100 (percentage of disability)=121338-40000(already awarded)=81338/- (to be additionally awarded). 6. Accordingly, the impugned award stands modified and the appellant is awarded enhanced additional amount of Rs.81338/- from the date of appeal i.e. 17/4/2000 with 6 percent interest to be paid within three months. Thereafter, interest @ 9 percent per annum shall be payable. 7. The appeal stands disposed of. (Guman Singh),J. VS Shekhawat/- Jr. P.A. Item No.H32