1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.979/1999 (Santosh S.D.Sooja Vs. Suresh Chandra and ors.) Date of Judgment : 17-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.KN Tiwari,for the appellants. Mr.Satendra Sharma, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-claimant Santosh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur (Rajasthan Cooperative Tribunal, Jaipur) vide judgment dated 28.4.99 whereby a sum of Rs.99,300/- was awarded by way of compensation for 44% disability sustained on account of injuries caused 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 awarded only Rs.20,000/- for loss of future earning while the injured has sustained 44% permanent disability in right hand, thus the 2 amount deserves to be enhanced by taking second schedule to the M.V.Act to be the guideline by adopting appropriate multiplier commensurating with the percentage of disability. 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 the injured had sustained injury on his right hand and on account of said injury, his movements were restricted and he could not close his fingers. The injured has also sustained fracture in his ribs. Thus he sustained 44% disability. He has to remain under treatment for about two years and had to undergo an operation. The injured was Cook by profession. For the purpose of compensation, his income is assessed as Rs.1500/- per 3 month and the compensation deserves to be computed as under: 1500x12x18 (multiplier)x 44% (disability) = 1,42,560 – 20,000 (already awarded by the Tribunal for loss of future earning on account of disability)=1,22,560/- (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.1,22,560/- by way of additional enhanced compensation from the date of appeal i.e. 1.7.1999, 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.48