1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.869/1999 (Niranjan Singh Vs. Ram Kumar and ors.) Date of Judgment : 01-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari for Mr.G.K.Bhartiya,for the appellants. Mr.Tej Prakash Sharma, 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 vide judgment dated 26.10.1998 whereby a sum of Rs.1,25,656/- was awarded by way of compensation for 23% disability caused on account of injuries sustained in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has awarded compensation of Rs.44,000/- as against the disability caused while the amount deserves to be computed by taking second schedule to the M.V.Act to be the 2 guideline commensurating with the percentage of disability. It is also submitted that multiplier of 9 deserves to be adopted in view of Judgment of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009 (6) SCC,121. 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. It is further submitted that the appellant-injured has been awarded compensation on all the counts including the expenses incurred during treatment as well as for special food and, as such, there is no scope of increasing the amount on any count. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the injured was 56 years of age at the time of accident and he used to earn Rs.5000/- per month which has been found to be genuine as per judgment of 3 the Tribunal and, as such, adequate compensation deserves to be computed for future loss of income on account of disability caused commensurating with the percentage of disability and by adopting multiplier of 9 as per guidelines of Hon'ble Apex Court in Sarla Verms'a case (supra). Thus the amount of compensation can be computed as under: Rs.5000x12x9(multiplier)x23%(disability) =Rs.1,24,200-(minus)Rs.44,000(already awarded)= Rs.80,200/- (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.80,200/- by way of additional enhanced compensation from the date of appeal i.e. 29.1.99, 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.h-16