1 S.B.CIVIL MISC. APPEAL NO.1577/1999 (Balbeer Vs. Balbeer Singh and ors.) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Manoj Sharma,for the appellants. Mr.M.L.Goyal, for the respondent Ins.Co. Mr.Ved Prakash, for respondent. This appeal has been preferred on behalf of injured-appellant Balbeer for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sikar vide judgment dated 1.6.99 whereby a sum of Rs.22,125/- was awarded by way of compensation on account of 50% disability on account of injuries sustained in the accident. 2. The learned counsel for the appellant- injured has challenged the finding of the learned Tribunal on two counts. Firstly the contributory negligence found by the learned Tribunal is 25% while there was 50-50% contributory negligence of two colliding vehicles and the finding of Tribunal that the vehicle was found negligent to be 75% is not based on evidence. Secondly, challenge in the appeal pertains to quantum of compensation. For that, the learned Tribunal 2 has not assessed the income as per second schedule to the M.V.Act. 3. 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 injured-appellant was found liable for contributory negligence upto 75% on the ground that the vehicle driven by injured- appellant had dashed against the other vehicle coming from opposite direction and after the accident, it went upto 21 steps, which shows that vehicle was driven in rash and negligent manner. 4. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured- appellant was driving the jeep RJ-23C-0381 and was going from the side of Salasar to Sikar while the other vehicle being jeep No.RJ23C-1053 was coming from opposite direction. As per site inspection map Ex.2, 3 the vehicle driven by the appellant was found to have dashed the vehicle coming from opposite direction and had gone about 21 steps ahead in extremely left side the road which shows that vehicle driven by appellant was in rash and negligent manner. It also appears that the vehicle coming from opposite direction stopped at the place where the accident took place. The occular evidence on the point reveals that the accident was caused on account of negligence of both the drivers of vehicles. Thus in view of the evidence adduced, the finding of learned Tribunal apportioning the liability of 75% of the appellant-injured cannot be said to be without any basis and, as such, finding of liability to the extent of 75% of the injured-appellant and 25% of the opposite vehicle, is found to be based on evidence on record and calls for no interference. As regards the quantum of compensation, the learned Tribunal has awarded Rs.75,000/- for the loss of earning assessing 50% disability to the injured-appellant. The amount awarded by the learned Tribunal 4 deserves to be revised as per second schedule to the M.V.Act by adopting multiplier of 17 while treating the income of the injured as Rs.2000/- per month as under: 2000 x 12 x 17 (multiplier) x 50% (disability) = 2,04,000. Out of the said amount, 25% deserves to be awarded in view of apportionment of contributory negligence on the part of the injured-appellant. Thus sum of Rs.51,000/- deserves to be awarded and out of that amount, Rs.22,125/- deserves be deducted as same has already been awarded. 51,000-22,125=28,875/- (to be additionally awarded) 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.28,875/- by way of additional enhanced compensation from the date of appeal i.e. 6.9.99, with 6% interest to be paid within 5 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-36