1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.3189/2008 (Tarachand Sharma Vs. Dharmendra Kumar and ors.) Date of Judgment : 20-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Sharma,for the appellants. Mr.R.P.Vijay, for the respondents. Both the parties have agreed for final disposal of the appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 24.4.08 whereby a sum of Rs.92,310/- was awarded by way of compensation for 17.08% disability caused on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation by 2 taking second schedule to the M.V.Act to be the guideline and by assessing the income atleast equivalent to a skilled labour i.e. RS.81/- per day. 6. 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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that the learned Tribunal has awarded lump sum of Rs.51,240/- and, as such, compensation deserves to be computed by taking second schedule to the M.V.Act and by assessing the daily earning of Rs.81/- equivalent to a skilled labour and also by adopting appropriate multiplier commensurating with the percentage of disability as under: Rs.81 x 30 x 12 x 16 (multiplier) x 17.08% (disability) = RS.79,688-(minus)Rs.51,240= Rs.28,448/- (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.28,448/- by way of additional enhanced compensation from the date of appeal i.e. 16.7.08, 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.67