1 S.B. CIVIL MISC. APPEAL NO.1704/2004 NANAG RAM V/s BHANWAR SINGH & Ors. DATE OF ORDER :- MAY 7,2008, HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellant. Shri R.P. Agrawal on behalf of Shri Virendra K. Agrawal, for oriental Insurance Company Ltd. 1. The case has come up for admission. Both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act , 1988 , has been filed by injured Nanag Ram for enhancement of claim against the award dated May 28, 2004, of the learned Motor Accident Claims Tribunal, Shahpura (for short 'the Tribunal') whereby a sum of Rs.3,00,000/- has been awarded as compensation to the claimant-appellant on account of amputation of his right leg below knee joint by way of lump sum. 4. Learned counsel for the claimant appellant submitted that at the time of 2 accident, the injured was 25 years old and he was engaged in agricultural operations as well as selling of milk and on account of amputation of his right leg, he is not able to continue with the work in which he was engaged and he was rendered without any livelihood for whole of life. Leaned counsel submits that as per the definition of total disablement provide u/s 2(1)(l) of the Workmen Compensation Act, 1923, the loss of earning is 100% as shown in Schedule - I to the said Act. Learned counsel submits that the learned Tribunal has erred in awarding the amount by way of lump sum and without assessing the income on the basis of the Second Schedule to the M.V. Act. In this regard, the learned counsel submits that the injured has stated his income to be Rs.5,000/- per month but the same has not been taken into account on directly by the learned Tribunal 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a 3 case for interference by this Court. 6. In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the injured was 25 years of age and was engaged in manual work of selling milk and agricultural operations and as such the income of the injured can be assessed to Rs.2,000/- per month and on applying multiplier of 18, the amount comes as under :- “2,000 X 12 x 18 = 4,32,000/- and as such considering other factors of pain and suffering, the amount comes to Rs.4,50,000/- 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.3,00,000/- to Rs.4,50,000/-, with interest at the rate of 6% from the date of appeal i.e. 25.8.2004 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 8. The appeal stands disposed of. (Guman Singh)J. Chauhan/-