1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.786/2005 (arising out of Claim No.32/2003) NAVAL V/s UNITED INDIA INSURANCE COMPANY LTD. & Ors DATE OF JUDGMENT ::::: MAY 27, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Tarun Jain, for claimant-appellant. Shri Rohitash Choudhary on behalf of Shri Parveen Balwada for United India Insurance Company Limited. BY THE COURT : (Oral) This appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant for enhancement of compensation against the order dated December 2, 2004 passed by the learned Judge, Motor Accident Claims Tribunal, Sawaimadhopur (for short 'the “the Tribunal) whereby a sum of Rs.60,180/- was awarded by way of compensation On 6.5.2002 injured Naval was going on footpath from Alanpur to his village and he was dashed by mini truck RJ/G/1143 thereby injured sustained two fractures one on the head and other on the right shoulder resulting 15% permanent disability. 2 Learned counsel for the appellant- claimant submitted that the learned Tribunal has erred in awarding the compensation for loss of income on account of disability sustained by the injured claimant and the amount deserves to be enhanced. Per contra, learned counsel for the Insurance Company argued that the adequate compensation was awarded by the Tribunal on the basis of the evidence led by two sides during enquiry and calls for no interference. In view of the submissions of the learned counsel and going through the award as well as the record of the case, it is revealed that the injured was a young man of 33 years of age and he was engaged as manual labourer and for the purpose of assessing income, his minimum wages can be assessed as Rs.60/- per day and with the help of multiplier of 17 looking to his age, the amount comes as thus 60 x 30 x 12 x 17 = 3,67,200/- and 15% of the said amount comes to Rs.55,080/-. Accordingly the award is modified to the extent that the amount of compensation of Rs.60,180/- is substituted by Rs.1,15,260/- from the date of appeal i.e. 28.2.2005. The 3 amount so increased shall entail interest @ 6% p.a. from the date of the order to be paid within three months failing which interest @ 9% p.a. shall be payable. 7. The appeal is disposed of accordingly. (Guman Singh), J. chauhan/