1 S.B.CIVIL MISC. APPEAL NO.35/1999 (Kalyan Sahaya Vs. Mahendra Singh and ors.) Date of Judgment : 19-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Shobhit Tiwari,for the appellants. Mr.S.L.Sharma, for the respondents. This appeal has been preferred on behalf of injured-appellant Kalyan Sahaya for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 26.9.98 whereby a sum of Rs.76,000/- was awarded by way of compensation for the injuries sustained in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has awarded the compensation on lower side while the compensation should have been awarded by adopting the second schedule to the M.V.Act to be a guideline. 4. Per contra, learned counsel for the respondents supported the judgment of the 2 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 there is no regular disability certificate on record and only disability percentage has been mentioned behind the prescription slip and that doctor has also not been examined. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured- appellant sustained six fractures on his body including two on right arm and both the legs were also fractured. Though there is no regular disability certificate on record, but the disability percentage seems to be reasonable as it is found to be 50%. However, in view of the above position, the entire amount of compensation award deserves to be deducted from the amount to be computed for disability under second schedule to the M.V.Act, as under: 2000 x 12 x 11 (multiplier) x 50% (disability) = 1,32,000-76,000 (already 3 awarded by way of entire compensation) = 56,000 (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.56,000/- by way of additional enhanced compensation from the date of appeal i.e. 6.1.1999, 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.h-5