1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.3217/2008 (Aman Vs. Shakeel and ors.) Date of Judgment : 27-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur, for the appellants. Mr.Rizwan Ahmed for Mr.AK Bhandari, for respondent/s. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal & Addl. Distt. & Sessions Judge, Fast Track No.3, Tonk vide judgment dated 3.7.2007 whereby a sum of Rs.22,515/- was awarded by way of compensation for the injuries sustained in the accident causing 3% permanent disability. 3. The challenge in the appeal pertains to quantum of compensation only. 2 4. Learned counsel for the appellant submits that the learned Tribunal has awarded Rs.6750/- for the disability caused while the learned Tribunal should have awarded atleast Rs.25,000/- equivalent to no fault liability under Sec.140 of the M.V.Act so as to adequately compensate the injured for the loss of future earning. 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 assessed the loss of income to Rs.6750/- while the injured is found to have sustained 3% permanent disability and as such, he deserves to be awarded Rs.25,000/- which is equivalent to that of no fault liability under Sec.140 of the M.V.Act so as to adequately compensate the injured for the 3 disability caused. Thus, the amount can be calculated as under: 25,000-6750=18,250/-(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.18,250/- by way of additional enhanced compensation from the date of appeal i.e. 4.10.2007, 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.104