1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.323/1999 (Goverdhan Vs. Kalu Ram) Date of Judgment : 05-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.Sunil Tyagi, for the respondents. 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,Jaipur vide judgment dated 17.12.1996 whereby a sum of Rs.30,000/-was awarded by way of compensation for 15% disability caused on account of injuries sustained in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as multiplier of 12 has been adopted while multiplier of 16 should have been adopted by 2 taking second schedule to the M.V.Act to be the guidelines. It is further submitted that no amount for loss of mental pain and agony has been awarded which deserves to be awarded. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the multiplier of 12 has been adopted while taking second schedule to the M.V.Act to the guidelines, multiplier of 16 deserves to be adopted and compensation deserves to be computed as under: 200x12x16(multiplier)= 38,400-24,000(already awarded)=14,400/- (to be additionally awarded). That apart, no amount has been awarded for mental pain and agony, as such, as against 3 this, sum of Rs.6,000/- deserves to be awarded and thus total amount of compensation of Rs.20,400/- deserves to be additionally awarded. 6. Accordingly, appeal of the appellant 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.20,400/- by way of additional enhanced compensation from the date of appeal i.e. 4.4.1997, 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.6