1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.889/2006 (Ramesh Kumar Sharma Vs. Bhura Mal Vijay and ors.) Date of Judgment : 22-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Virendra Agrawal, for the respondents. Both the parties have agreed for final disposal of the appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 18.10.2005 whereby a sum of Rs.43,500/- was awarded by way of compensation for 8.5% disability caused on account of injuries sustained in the accident. 2 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has awarded compensation on lower side by way of lump sum amounting to Rs.28,000/- for future loss of earning and that deserves to be awarded by taking second schedule to the M.V.Act to be the guideline. It is also submitted that under the head of loss of pain and suffering, Rs.3000/- has been awarded while atleast Rs.25,000/- deserves to be awarded as the injured has sustained five fracture injuries. 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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that the learned 3 Tribunal has assessed the income as Rs.3000/- per month but has awarded sum of Rs.28,000/- by way of loss of earning capacity. That apart, the learned Tribunal has not awarded adequate amount for five fracture injuries sustained by the injured, therefore, amount deserves to be awarded by computing the compensation under second schedule to the M.V.Act taking the income of injured atleast Rs.36000/- per annum commensurating with the percentage of disability. That apart, sum of Rs.22000/- also deserves to be awarded for five fracture injuries after excluding Rs.3000/- already awarded for loss of pain and sufferings. The compensation can be computed as under: Rs.36,000x16(multiplier)x8.5%(disability) =Rs.48,960-(minus)Rs.28,000/-(already awarded)=Rs.20,960/-+Rs.22,000(for four grievous hurts) = Rs.42,960/-(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 4 Rs.42,960/- by way of additional enhanced compensation from the date of appeal i.e. 27.2.2006, 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.81