1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.677/2000 (vijay Kumar @ Vinod Vs. Sampat Singh and ors.) Date of Judgment : 23-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.S.S.Gupta, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Vijay Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 24.3.2000 whereby a sum of Rs.45,000/- was awarded by way of compensation for 6.83% disability sustained on account of injuries 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 not awarded the adequate compensation which may be awarded by taking second schedule to the M.V.Act to be the guidelines 2 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 already awarded Rs.25,000/- for mental & physical agony and has also awarded Rs.10,000/- for loss of earning for the period of immobilization during treatment by computing the amount of loss of hearing under second schedule to the M.V.Act by adopting multiplier of 18 commensurating with the percentage of disability. The amount comes to Rs.3069/- to be additionally awarded. Thus lump sum of Rs.4000/- is ordered to be additionally awarded to the injured-appellant. 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent 3 that the appellants shall get a sum of Rs.4,000/- by way of additional enhanced compensation from the date of appeal i.e. 31.5.2000, 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/11