-1- C.M.A. Nos.1063/2010 &2535/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T 1. S.B. Civil Miscellaneous Appeal No.1063 of 2010. Ashok son of Shri Suwa Lal VERSUS Bahadur Singh son of Shri Bhanwar Singh & Others 2. S.B. Civil Miscellaneous Appeal No.2535 of 2009. Suwa Lal son of Shri Sheosahay VERSUS Bahadur Singh son of Shri Bhanwar Singh & Others Date of Judgment :::: 18/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Rakesh Bhargava, Counsel for the appellant Shri R.P. Vijay, Counsel for the respondents *** By the Court : Heard learned counsel for the parties. Both these miscellaneous appeals, under Section 173 of the Motor Vehicles Act, 1988, arise out of a common award dated 7th February 2008 passed by the learned Motor Accident Claims Tribunal, Kotputli, District Jaipur in claim case No.264/2006. Learned counsel for the appellant has contended that the learned Tribunal has erred in accepting the monthly income of the appellant as only Rs.2100/- whereas the Hon'ble Supreme Court in the case of Laxmi Devi and Others Vs. Mohammad Tabbar and Another, reported in 2008 A.C.J. 1488 the notional income assessed is Rs.3000/-, based upon the fact that it may be safely presumed that even an unskilled labourer's earning would be Rs.100/- per day. -2- C.M.A. Nos.1063/2010 &2535/2009 Learned counsel, therefore, submits that the assessment of loss of income accordingly needs to be revised and enhanced. Learned counsel for the insurance-company, on the other hand, contended that the learned Tribunal had awarded for one grievous injury received by each of the appellant a sum of Rs.22,000/- towards pain and suffering, which is much in excess of the amount prescribed under the II Schedule to the Motor Vehicles Act, 1988. Having considered the facts and circumstances of the case, it is directed that each of the appellants would be entitled to an additional amount of Rs.5,000/- as compensation with interest 6% per annum with effect from the date of filing of these miscellaneous appeals i.e. 07.05.2008 so as to meet the interest of justice. Both these miscellaneous appeals are allowed to the extent as aforesaid. No orders as to costs. (Dalip Singh),J. Ashok/