1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.2172 of 2000. Rahul son of Shri Jagram VERSUS Farooq son of Shri Babu Khan & Others Date of Judgment :::: 24/04/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. L.L. Gupta, Counsel for Claimant/Appellant. Mr. R.P.S. Choudhary, Counsel for the Respondent No.2. Mr. M.L. Goyal, Counsel for the Respondent No.3. By the Court : This miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant-appellant against the award dated 04.09.2000 passed by the Motor Accident Claims Tribunal, Sawai Madhopur, in M.A.C.T. Case No.167/1999, wherein the learned Tribunal has failed to consider the disability of the claimant-appellant and has not awarded the compensation for the disability to the claimant-appellant. 2 Heard learned counsel for the parties and perused the impugned award as well as record of the learned Tribunal. The learned counsel for the claimant-appellant argued that the learned Tribunal has failed to consider the Disability Certificate (Exhibit P-33) on the wrong ground that the doctor has not appeared in the evidence box and the certificate has not been given by the Medical Board, but this conclusion of the learned Tribunal is against the settled principles of law. During examination, the claimant-appellant exhibited the disability certificate, (Exhibit P-33), wherein 10% disability has been shown. Once, the document has been exhibited the respondents were having opportunity to rebut the same, either by producing the evidence or by documents, but which was not done to get cross examined on the same. The learned Tribunal should have considered this disability certificate and should have awarded compensation on the said certificate submitted by the claimant-appellant. The disability certificate of the injured, as per the Second Schedule of the Act, if calculated treating the 3 injured, having no income, it comes out Rs.15,000/- per annum. The age of the injured has been shown to be 11- years and as per the multiplier given of 15, this amount comes out as Rs.22,500/- (15,000x15 divided by 10). To this extent, this appeal succeeds and the same deserves to be allowed. Consequently, the appeal is partly allowed. The claimant-appellant is also entitled for the compensation of disability, which comes out to Rs.22,500/-. In addition to already passed award, this amount also becomes due in favour of the claimant- appellant on this enhanced amount of compensation. The claimant-appellant is entitled for interest @ 9% per annum from the date of filing of the claim petition till realization of this amount. The injured Rahul has now become major, therefore, the amount of compensation, henceforth be given to injured Rahul. (Bhanwaroo Khan) J. ashok/ 4