1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.642/2006 (Rajendra Vs. Ram Swaroop and ors.) Date of Judgment : 20-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.L.L.Gupta,for the appellants. Mrs.Sharda Pathak, for the respondents. Both the parties have agreed for final disposal of the appeal at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sawaimadhopur vide judgment dated 8.6.2005 whereby a sum of Rs.31,000/- was awarded by way of compensation for 10% disability caused on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has awarded compensation by way of lump sum and 2 has not assessed the income which deserves to be assessed and amount should be awarded while taking second schedule to the M.V.Act to be the guidelines. 6. 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. 7. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that the learned Tribunal has not awarded amount by assessing the income and amount has been awarded by way of lump sum. The injured was 25 years old man and his income deserves to be assessed equivalent to the income of a skilled labour amounting to Rs.2100/- per month and amount deserves to be awarded by adopting appropriate multiplier commensurating with the percentage of disability as under: Rs.2100x12x18(multiplier)x10%(disability) 3 =Rs.45,360+Rs.10,000/-(for two fractures) +Rs.8400/- (for four months period of immobilization)+Rs.4356/-(medical expenses) =Rs.68,116/-(minus)Rs.26,000/-(already awarded)= RS.42,116/- (to be additionally awarded) 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.42,116/- by way of additional enhanced compensation from the date of appeal i.e. 22.9.2005, 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.39