1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.619/1999 (Bansidhar Khatik Vs. BalKishan and ors.) Date of Judgment : 17-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rakesh Bhargava,for the appellants. None present, for the respondents. Nobody appears for the respondents even in second round. Heard learned counsel for the appellant. 2. This appeal has been preferred on behalf of appellant-injured Bansidhar Khatik for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Behror, Distt. Alwar vide judgment dated 31.3.1998 whereby a sum of Rs.60,000/- was awarded by way of compensation for 10% permanent disability sustained in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 2 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the sum of Rs.6,000/- has been awarded for loss of earning during the treatment for six months. It is submitted that injured was engaged in selling meat and on account of injuries on his nose, he could not attend his business for six months and, as such, he should be additionally awarded Rs.10,000/- for the loss of the period of immobilization on account of his injuries. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured is 26 years of young boy and on account of injury on his nose, he has found to have sustained 10% disfiguration amounting to permanent disability. The injured has to carry on his disability for whole of the life and has also sustained loss for the period of treatment and, therefore, as submitted by learned counsel for the appellant, Rs.10,000/- deserves to be additionally awarded for the loss of income during the period of treatment. 3 6. 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.10,000/- by way of additional enhanced compensation from the date of appeal i.e. 10.8.98, 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.39