1 S.B.CIVIL MISC. APPEAL NO.2595/2008 (Shyoji Ram Vs. Satya Narayan and ors.) Date of Judgment : 13-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.RS Bhati , for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant Shyoji Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. & Sessions Judge (Fast Track) No.4, Ajmer vide judgment dated 10.3.2008 whereby a sum of Rs.36,545/- was awarded by way of compensation for 12% disability caused in the accident to the injured- appellant . 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation by not adopting the guidelines as provided under second schedule to the M.V.Act and that 2 deserves to be awarded and compensation deserves to be enhanced accordingly. 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. 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.25,000/- as lump sum for loss of earning on account of disability while the injured is to be adequately compensated in view of guidelines provided under the second schedule to the M.V.Act by adopting multiplier of 18 taking earning as Rs.100/- per day. Thus the compensation can be computed as under: 100x30x12x18(multiplier)x12%(disability)= 77,760-25,000(already awarded)= 52,760/- (to be additionally awarded). 3 8. 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.52,760/- by way of additional enhanced compensation from the date of appeal i.e. 30.6.08, 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.56