1 S.B.CIVIL MISC. APPEAL NO.1512/2008 (Banwari Lal Rana Vs. New India Assurance Co. Ltd.) Date of Judgment : 18-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. Sandeep Mathur,for the appellants. Mr. Nemi Chand Jain, for the respondents. Both the learned counsel are agreed for final disposal of appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Banwari Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dated 26.11.2007 whereby a sum of Rs.97,000/- was awarded by way of compensation for the injuries caused in the accident resulting into 13.83% disability. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellants submits that the learned Tribunal has assessed the compensation on lower side while the compensation as per second 2 schedule to the M.V.Act should have been awarded. 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 amount of compensation deserves to be awarded taking second schedule to the M.V.Act as guideline so as to compensate the injured in the manner as if no loss of earning was caused to him had he been not injured and disabled as held by Hon'ble Supreme Court in Sapna Vs. United India Ins. Co. (2008 DNJ (SC) 666). 3000x12x17(multiplier)x13.83% (disability) = 84,639-31,000 (already awarded for loss of earning)= 53,639/- (to be additionally awarded). 3 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.53,639/- by way of additional enhanced compensation from the date of appeal i.e. 26.2.2008, 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.54