1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1505/2008 (Kalu Ram Vs. Prabhu Lal and ors.) Date of Judgment : 18-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Harsh Saini,for the appellants. Mr.RS Bhati, for the respondents. 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 appellant Kalu Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal (Special Judge, SC/ST Cases Court), Dausa vide judgment dated 22.5.2006 whereby a sum of Rs.42,000/- was awarded by way of compensation for the injuries sustained in the accident resulting in 16.8% permanent disability. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has 2 failed to award adequate compensation as per second schecule to the M.V.Act taking it to be guideline for the loss of earning caused on account of permanent disability. 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 awarded Rs.42,000/- as lump sum on account of disability caused in the accident. In order to adequately compensate the injured and to place him in a position as if no disability is caused to him, and thus the amount deserves to be awarded after taking second schedule to the MV Act to be the guideline. The monthly earning of the appellant deserves to be assessed equivalent to that of skilled labour amounting to Rs.80/- per day. The compensation can be computed as under: 3 80x30x12x18(multiplier)x16.8% (disability) =87,091-42,000(already awarded)=45,091/- (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.45,091/- by way of additional enhanced compensation from the date of appeal i.e. 2.8.06, 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.81