1 S.B.CIVIL MISC. APPEAL NO.531/1999 (Nand Kishore Tamoli Vs. Chhoti Kumar & ors) Date of Judgment : 19-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.G.K.Bhartiya,for the appellants. Mr.A.S.Shekhawat , for the respondents. This appeal has been preferred on behalf of injured-appellant Nand Kishore for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 12.1.1999 whereby a sum of Rs.72,925/- was awarded by way of compensation for the injuries sustained in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has awarded only Rs.60,000/- for pain and sufferings as well as mental agony and loss of earning while the compensation should have been awarded as per second schedule to the M.V.Act. 4. Per contra, learned counsel for the 2 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured was 30 years of age at the time of accident and his monthly income has been assessed to be Rs.1500/- per month by the learned Tribunal. Hence the compensation deserves to be awarded while adopting appropriate multiplier of 17 after deducting amount of loss of earning already awarded. 1500 x 12 x 17 (multiplier) x 20% (disability) = 61,200-40,000 (already awarded for loss of earning excluding amount for pain & agony) = 21,200 (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 appellants shall get a sum of Rs.21,200/- by way of additional enhanced 3 compensation from the date of appeal i.e. 18.3.1999, 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.h-8