1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1959/2000 (Govind Kumar Elani Vs. Goverdhan Lal and ors.) Date of Judgment : 23-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.M.L.Goyal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Govind Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Rajasthan State Cooperative Tribunal, Jaipur vide judgment dated 30.8.2000 whereby a sum of Rs.57,780/- was awarded by way of compensation for 42.3% disability caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to assess the loss of income of the injured by taking second schedule to the M.V.Act to be the guidelines and, as such, 2 the compensation may be enhanced. 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. It is further submitted that the injured is a Government Servant and loss of earning on account of salary has to be taken care of by the Government until he is in service and, as such, multiplier available at the age of retirement may be adopted. It is also submitted that injury is stated to be on leg but there is no direct opinion that shortage of leg was caused. It is also submitted that the loss of earning may be reduced again by 50% in view of the provisions of the second schedule to the Workman Compensation Act wherein 50% loss of earning capacity has been provided for the amputation of leg below the knee. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured is 3 a Government Servant and, as such, loss of earning until retirement is to be taken care of by the State Government and, as such, multiplier available at the age of 60 years deserves to be adopted for awarding compensation by taking second schedule to the M.V.Act to be the guidelines. That apart, as submitted by learned counsel for the respondents, amount so arrived further deserves to be reduced by 50% so as to ascertain the actual capacity of the injured by taking second schedule to the Workman Compensation Act to be the guidelines wherein amputation of leg below the knee amounts to 50% loss of earning. Thus the amount can be calculated as under: 6053x12x8(multiplier)x42.3%(disability)- 2,45,800(further reduced by 50% as stated above)= 1,22,900 (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.1,22,900/- by way of additional enhanced compensation from the date of appeal i.e. 14.11.2000, with 6% interest to be paid 4 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/45