1 S.B.CIVIL MISC. APPEAL NO.3400/2008 (Ratan Lal Vs. Gyarsi lal and ors.) Date of Judgment : 13-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Shailesh Prakash Sharma,for the appellants. Mr.RS Bhati , for the respondents. Both the parties agreed for final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant Ratan Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. & Sessions Judge (Fast Track) No.3, Kota vide judgment dated 22.7.2006 whereby a sum of Rs.1,10,050/- was awarded by way of compensation for 17% disability caused in the accident to the injured- appellant. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the injured-appellant has sustained fractures in left femer bone of left foot and there was amputation of 1,2,3 2 & 4th meta tarsal of toe of left leg which resulted in stiffness of ankle leading to permanent disability as mentioned in disability certificate Ex.153. It is also submitted that injured had to undergo for plastic surgery and skin grafting. It is further submitted that the learned Tribunal has failed to award adequate compensation by not adopting the guidelines as provided under second schedule to the M.V.Act. 6. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured had sustained four injuries and on account of said injuries, he had sustained fracture of left femer of left foot. The injury on left foot was found to be dangerous to life as per injury report Ex.151 and X-Ray report 3 Ex.154. The injured was found to have sustained 17% disability on account of injuries sustained as per disability certificate given by the doctor Ex.153. The learned Tribunal has though awarded a sum of Rs.50,000/- for physical and mental pain & agony but has failed to award compensation for loss of earning as such. Therefore, the amount for loss of earning deserves to be awarded by taking second schedule to be the guidelines and by taking Rs.73/- per day as earning of the injured as minimum wages equivalent to that of unskilled labour. The amount can be computed as under: 73x30x12x16(multiplier)x17%(disability)= 71,481/-(to be additionally awarded). 8. 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.71,481/- by way of additional enhanced compensation from the date of appeal i.e. 16.10.2006, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the 4 terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.57