1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1709/1999 (Rahul Bhargava Vs. Ramesh Chandra and ors.) Date of Judgment : 02-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.A.K.Pareek, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal-cum-Rajasthan State Cooperative Tribunal, Jaipur city, Jaipur vide judgment dated 9.8.99 whereby a sum of Rs.51,160/- was awarded by way of compensation for 10% disability caused on account of injuries sustained 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 assessed future loss of income by way of lump sum amounting to Rs.15,000/- while the 2 Tribunal should have awarded adequate compensation by taking second schedule to be the guidelines and considering the income of injured as Rs.15,000/- which is notional income of a non-earning person under the schedule. 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 compensation deserves to be awarded by taking second schedule to the M.V.Act to be the guidelines and for that purpose, Rs.15,000/- can be taken to be the notional income of the injured who was the student at the time of accident and on adopting appropriate multiplier commensurating with the percentage of disability, the amount of compensation deserves to be computed as 3 under: 15000x16(multiplier)x10%(disability)=24,000- 15000 (already awarded)=9,000/- (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.9,000/- by way of additional enhanced compensation from the date of appeal i.e. 20.9.99, 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.14