1 S.B.CIVIL MISC. APPEAL NO.1068/1998 (Mahandi Vs. The Oriental Insurance Co Ltd.) Date of Judgment : 26-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rajneesh Gupta,for the appellants. Mr.M.K.Goyal , for the respondents. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Gangapurcity, Distt. Sawaimadhopur vide judgment dated 29.10.98 whereby a sum of Rs.32,000/- was awarded by way of compensation for 5% disability caused in the accident to the injured-appellant . 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation for the loss of earning on account of disability and for that a sum of Rs.25,000/- deserves to be awarded which is a minimum amount to be paid under Sec.140 of the M.V.Act. 4. Per contra, learned counsel for the 2 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has failed to award compensation for loss of earning on account of disability. As submitted by learned counsel for the appellant, sum of Rs.25,000/- deserves to be awarded for the loss of earning on account of disability which is a minimum amount to be paid under Sec.140 of the M.V.Act in case of permanent disability. 6. 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.25,000/- by way of additional enhanced compensation from the date of appeal i.e. 6.11.98, with 6% interest to be paid within three months. Thereafter interest shall be 3 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-2