1 S.B.CIVIL MISC. APPEAL NO.18/1999 (Vijay Kumar Sharma Vs. Ganesh and ors.) Date of Judgment : 17-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Paresh Chaudhary & Mr.Ashish Sharma, for the respondents. This appeal has been preferred on behalf of injured-appellant Vijay Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 2.11.1998 whereby a sum of Rs.60,710/- was awarded to the appellant-injured for the injuries sustained in the accident causing 12% disability. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation by adopting appropriate multiplier under second schedule to the M.V.Act and hence the compensation deserves to be enhanced. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured- appellant has sustained 12% disability on account of grievous hurt caused on his left femer bone as well as fracture of right thumb. The injured has to be compensated so as to place him in a position as if no disability had caused to him, as observed by Hon'ble Supreme Court in Sapna Vs.United India Ins. Co. (2008 DNJ (SC) 666). Therefore, the amount of compensation deserves to be awarded by computing the same as per second schedule to the M.V.Act as under: 2500x12x17(multiplier)x12% (disability)= 61200-20,000(already awarded)= 41200 (to be additionally awarded). 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the 3 learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.41,200/- by way of additional enhanced compensation from the date of appeal i.e. 4.1.1999, 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-21