1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.3353/2008 (Mohan Lal and ors. Vs. Gaffar and ors.) Date of Judgment : 27-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rohan Jain, for the appellants. Mrs.Rajni Vyas & Mr.Anil Sharma for Mr.Pushpendra Pandey, for respondent/s. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Baran vide judgment dated 9.11.2005 whereby a sum of Rs.46,260/- was awarded to the injured Mohan Lal and Rs.2300/- was awarded to injured Bheem Raj for the injuries 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 by taking second schedule to the M.V.Act to be the guideline. It is also submitted that injured-appellant Mohan Lal was 35 years of age and he was an agriculturist and his income should be assessed atleast equivalent to that of a skilled labour amounting to Rs.81/- per day at least so as to compute the compensation. As regards the other injured-appellant Bheem Raj, learned counsel for the appellant does not press the appeal. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured- appellant Mohan Lal was 35 years of age and he was an agriculturist and hence deserves to be awarded adequate compensation by taking second schedule to the M.V.Act to be 3 the guideline and by taking his monthly earning equivalent to that of a skilled labour amounting to Rs.81/- per day by adopting appropriate multiplier commensurating with the percentage of disability as under: 81x30x12x16(multiplier)x12% (disability)= 55,987-34,560(already awarded)=21,427+12,000 (for physical and mental agony)=33,427/- (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 appellant Mohan Lal shall get a sum of Rs.33,427/- by way of additional enhanced compensation from the date of appeal i.e. 2.1.2006, 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. The appeal on behalf of the appellant Bheem Raj stands dismissed as not pressed. (GUMAN SINGH),J. Sandeep/- item no.107