1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.607/2000 (Tara Chand Raigar Vs. Om Prakash and ors.) Date of Judgment : 15-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.V.S.Yadav, 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, Jaipur city, Jaipur vide judgment dated 21.9.1999 whereby a total sum of Rs.87,210/- was awarded by way of compensation for40% disability sustained due to the 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 Rs.40,000/- for the loss of income on account of disability by way of lump sum and that deserves to be computed by taking 2 Rs.60/- per day to be daily earning as held by learned Tribunal to be multiplied by taking 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. It is further submitted that the amount awarded by the Tribunal comes out to be almost the same which is to be computed by taking his income on the basis of minimum wages amounting to Rs.35/- per day prevalent at the relevant time and, as such, no amount deserves to be enhanced. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that injured was painter by profession and his daily income was assessed by the Tribunal as Rs.60/-. The learned Tribunal has awarded Rs.40,000/- as lump sum for loss of income and, as such, amount deserves to be computed by taking 3 Rs.60/- per day to be the daily earning and by adopting appropriate multiplier of 17 as per guideline of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121 commensurating with the percentage of disability. Thus the amount of compensation can be computed as under: Rs.60x30x12x17(multiplier)x40%(disability) =Rs.1,46,880-(minus)Rs.40,000/- (already awarded) = Rs.1,06,880 (to be additionally awarded). 7. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs.1,06,880/- by way of additional enhanced compensation from the date of appeal i.e. 10.1.2000, 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.21