1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.28/2000 (Ghan Shyam Vs. Ashok and ors.) Date of Judgment : 26-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.LL Gupta,for the appellant. Mr.Tej Prakash Sharma, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-injured for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sawai Mathopur vide judgment dated 23.9.1999 whereby a sum of Rs.39,537/-was awarded by way of compensation for the injuries sustained in the accident resulting into 20% disability. 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 for the loss of income on account of disability and that deserves to be computed by taking second schedule to the M.V.Act to be the 2 guideline. 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 learned Tribunal has awarded sum of Rs.10,000/- as lump sum for loss of income on account of disability sustained in the accident and amount deserves to be computed under second schedule to the M.V.Act by adotping appropriate multiplier of 15 commensurating with the percentage of disability sustained and by taking Rs.68/- to be the minimum wages equivalent to the skilled labour. Thus the compensation can be calculated as under: 68x30x12x15(multiplier)x20% (disability)= 73,440-10,000(already awarded)=63,440/- (to be additionally awarded). 3 7. Accordingly, appeal of the appellants 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.63,440/- by way of additional enhanced compensation from the date of appeal i.e. 22.11.99, 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.16