1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.720/05 RAMU VS. KHAJU KHAN & OTHERS DATE OF JUDGMENT:- June 29,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Ritesh Jain, for the appellant, Mr. Tripurari Sharma, for the respondent Insurance Company, BY THE COURT (ORAL) With the consent of learned counsel for both the parties, this appeal is being disposed of at the admission stage. Heard. This appeal has been preferred on behalf of injured Ramu in Claim Petition No. 556/04 for enhancement of compensation awarded by Motor Accident Claims Tribunal),Additional District and Sessions Judge, (Fast Track), Dausa, vide order dated 29.11.2004 , whereby a sum of Rs. 2 51,800/-, was awarded to the injured for injuries sustained in the accident resulting into 10% disability . The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellant submits that the Tribunal has failed to award the adequate compensation and the amount of compensation deserves to be awarded by taking II Schedule to the Motor Vehicles Act to be the guideline. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. Having considered the arguments and going through the award, it is revealed that the injured has been awarded a lump sum amount of Rs. 38,000/- on account of future loss of income as a result of disability sustained. As the amount has 3 been assessed as a lump sum, and the same deserves to be assessed by taking II Schedule to the Motor Vehicles Act to be the guideline. That apart, a sum of Rs. 8,000/- deserves to be awarded for pain and suffering . Thus, the amount can be computed as under:- “2160 (monthly earning) x 12 x 17(multiplier)x10% (disability) = 44064/- minus 38,000 (already awarded )= 6064/- plus 8,000/- for pain and suffering to be additionally awarded)= 14064. ” Accordingly, the Award is modified to the extent that the appellant shall be entitled to a sum of Rs. 14064/- by way of enhanced additional amount from the date of appeal i.e. 25.2.2005 , with interest @ 6% to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The appeal stands disposed of accordingly. (Guman Singh)J. 4