1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1271/2000 (Bansidhar Vs. Ram Gopal and ors.) Date of Judgment : 03-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.B.S.Sandhu, for the respondents. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 25.4.1998 whereby a sum of Rs.85,000/- was awarded by way of compensation for 24% disability caused on account of injuries sustained in the accident. 2. The only challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has awarded adequate compensation as the amount of Rs.50,000/- has been awarded by way of lump sum while the amount deserves to be computed by taking Rs.2500/- as income of the injured commensurating with the 2 percentage of disability and by adopting a multiplier of 17 as per guidelines provided in Sarla Verma and anr. Vs. DTC and ors.- 2009(6) SCC,121. It is further submitted that injured has sustained injury of shortening of leg by ¼ and he has to carry it for whole of life as he is mason by profession, his earning capacity has been reduced, and hence adequate compensation deserves to be awarded. 4. 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. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed that injured was a young man of 30 years and was a mason by profession and income of injured has been taken by the Tribunal to be Rs.2500/- per month and, therefore, by adopting appropriate multiplier of 17 as per judgment 3 of Hon'ble Apex court in Sarla Verma's case (supra), the compensation deserves to be awarded commensurating with the percentage of disability. That apart, sum of Rs.15,000/- deserves to be awarded for shortening of leg over and above what has already been awarded as the injured was a manual labourer. Thus the amount of compensation can be computed as under: Rs.2500x12x17(multiplier)x24%(disability) =Rs.1,22,400-(minus)Rs.50,000/-(already awarded)= Rs.72,400/-+Rs.15,000/-(for shortening of leg)= Rs.87,400/- (to be additionally awarded) 6. 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.87,400/- by way of additional enhanced compensation from the date of appeal i.e. 29.7.98, 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/- 4 item no.h-23