1 S.B.CIVIL MISC. APPEAL NO.793/2002 (Bhola Singh Vs. Ajmat ansari and ors.) Date of Judgment : 23.09.2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari, for the appellants. Mr.P.S.Shukla, for respondents. This appeal has been preferred by the injured Bhola Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 14.12.2001 whereby a sum of Rs.6,44,000/- was awarded to the appellant-injured by way of compensation on account of 100% disability sustained in the accident due to fracture of T-6 Vertebra with traumatic parealagia. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation as the injured was 25 years old man at the time of accident and on account of permanent 2 disability, he has been rendered helpless and confined to bed and requires an attendant to carry on his routine of daily life. It is further submitted that no amount for the loss of future earning has been awarded, as such, that deserves to be awarded. 4. 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. It is also submitted that the injured is still in service and, as such, future loss of earning cannot be awarded to him as he is getting regular pay. It is also submitted that after this accident, injured has been given promotion. 5. After hearing the rival contentions, and on going through the award,as also, the record of the case, it is revealed that at the time of accident, injured Bhola Singh was 25 years old man and he was employed as constable in police department and on 3 account of injuries sustained by him, he is crippled and confined to bed and requires an attendant to carry out his daily routine of life. It has not been disputed that he is not in service and not getting salary. The learned Tribunal has awarded compensation on all the counts but no compensation has been awarded by way of loss of future earning to the injured. The learned Tribunal has calculated the compensation of Rs.4,08,000/- as against the expenses to be incurred for two attendants and the said amount has been assessed as Rs.22,000/- per month by adopting a multiplier of 17. In this regard, learned counsel for the Insurance Company- respondent has submitted that expenses for one attendant is reasonable and thus half of the amount should be adjusted as against future earning of the injured. 6. In view of above submissions, it may be observed that the injured is still in service and his future loss of earning is taken care of by the State Government as he is being paid salary. However, his future income deserves to be assessed considering the loss of income at the age of 60 years 4 i.e. age of retirement and by adopting appropriate multiplier of 8 under second schedule to the M.V.Act, avaialble at the age of 60. The amount so arrived deserves to be reduced by a sum of Rs.2,04,000/-, already awarded by the learned Tribunal by way of expenses of extra attendant as only one attendants deserves to be provided. Thus the amount of future earning can be computed as under: 5478x12x8(multiplier)=5,25,800-2,04,000 (already awarded for additional attendant)= 3,21,880/- (to be additionally awarded). 7. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount of compensation to the tune of Rs.3,21,880/- from the date of appeal i.e. 2.3.2002, with 6% interest to be paid within three months, and thereafter future interest @9% p.a. Shall be payable. (GUMAN SINGH),J. Srawat/- item no.69