1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.74/1999 (Smt. Mangali Devi Vs. Hari Ram and ors.) Date of Judgment : 24-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Virendra Agrawal, 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 (Rajasthan Cooperative Tribunal, Jaipur) vide judgment dated 19.12.1998 whereby a sum of Rs.42,710/-was awarded by way of compensation for the injuries sustained in the accident resulting in 18% disability. 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 Rs.20,000/- by way of lump sum for the loss of earning on account of disability sustained which is on lower side and deserves to be enhanced by making Rs.40/- as 2 daily wages of the injured. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured- appellant was engaged in selling vegetables and, as such, his daily income could be assessed to be Rs.40/- per day by adopting appropriate multiplier of 13 taking second schedule to the M.V.Act as guideline and the amount deserves to be awarded commensurating the percentage of disability sustained. Thus the amount of compensation can be computed as under: 40x30x12x13(multiplier)x18%(disability)= 33,696-20,000(already awarded)=13,696 (to be additionally awarded) 3 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.13,696/- by way of additional enhanced compensation from the date of appeal i.e. 20.1.1999, 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.9