1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.815/1999 (Kameshwar Pratap Singh Vs. Ahsan Ali and ors.) Date of Judgment : 17-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.Anirudh Singh for Mr.Dinesh Sharma, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-claimant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 23.3.99 whereby a sum of Rs.69,250/- was awarded by way of compensation for 44% disability sustained on account of injuries caused 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 for loss of earning on account of disability sustained as the learned Tribunal has 2 awarded Rs.25,000/- on that count and as such amount deserves to be enhanced by taking second schedule to the M.V.Act as 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. It is also submitted that injured was in Government job at the time of accident and no loss would be occasioned on account of disability during his service tenure. 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 RS.25,000/- by way of lump sum compensation on account of loss of earning. The injured had sustained 44% disability on right upper limb in the accident. It is further revealed that on account of said disability, he is not in a position to participate in firing, exercise, 3 parade and also not in a position to drive scooter or any other vehicle, and his other activities also stand impaired. Dr.MK Mathur examined as AW-3 has also deposed that disability is caused on account of injury in the movement of elbow and shoulder. It is also revealed that as the injured was in Government job, loss of earning during tenure of his service would be taken care of by the Government and, as such, injured deserves to be awarded compensation by taking multiplier available at the age of 60, the age of retirement. Thus the amount deserves to be awarded by taking second schedule to the M.V.Act as guideline as under: 6085 (monthly salary) x 12 x 8 (multiplier)x 44% (disability) = 2,57,030 – 20,000 (already awarded by the Tribunal)=2,37,030/- (to be additionally awarded). 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.2,37,030/- by way of additional enhanced 4 compensation from the date of appeal i.e. 13.5.1999, 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.42