1 S.B. CIVIL MISC. APPEAL NO.2611/2004 ZAKIR HUSSAIN V/s HEERA LAL & Ors. DATE OF ORDER :- MAY 29, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri H.K. Sharma, for appellant. Smt. Arachana Mantri for New India Assurance Company Ltd. The case has come up for admission. Counsel of both the parties agree to dispose of the case at admission stage. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by injured Zakir Hussain, for enhancement of compensation against the award August 18, 2004 of the learned Motor Accident Claims Tribunal and Addl. District & Sessions Judge No.9, Jaipur a City, Jaipur (for short 'the Tribunal), in Claim Petition No.249/04 (776/2000), whereby a sum of Rs.51,500/- has been awarded by way of compensation to the claimant-appellant. The only challenge in this appeal pertains to the quantum 2 of compensation. Learned counsel for the appellant submitted that the injured sustained injuries whereby he sustained 11.50% permanent disability. Learned counsel submitted that the injured was employed in Kausar Carpet Factory and was engaged in weaving carpet drawing minimum Rs.110/- by way of wages. But the learned Tribunal has assessed the daily wage of Rs.80/- per day while deciding the claim petition and the amount of compensation requires to be assessed on the basis of Rs.100/- per day by way of wage. Learned counsel for the appellant submitted that the injured sustained as many as three fractures in his right hand fore arm and left hand fore arm and clavicle shoulder and thereby he has sustained 11.50% permanent disability. The appellant has to face difficulty as his limbs have been impaired. Learned counsel further submitted that the injured was engaged as labourer in factory and loss of income should also be calculated on the basis of his daily wage as Rs.110/- per day. Per contra, learned counsel for 3 the Assurance Company argued that the appellant failed to produce any documentary proof in support of the amount of wage received by him and the award in the instant case has been passed by the learned Tribunal on the basis of the evidence adduced before the Tribunal and calls for no interference. In view of the rival submissions, advanced and on going through the award, it is revealed that the injured was working in the Kausar Carpet Factory and therefore her daily wage is said to be Rs.110/- per day and the learned Tribunal has assessed daily wage at Rs.80/- that seems to be on lower side. Learned counsel submitted that injured sustained 11.50% permanent disability, the loss of income on account of disability is required to be assessed on the basis of wage of the injured @ Rs.100/- per day, the amount can be computing as thus : Rs.3000/- x 12 x 17 = Rs.6,12,000/- and on computing 11.5%, that comes to Rs.70,380/-. 7. Accordingly the award is modified to the extent that the amount of compensation of Rs.51,500/- is substituted by Rs.70,380/- from the date 4 of the appeal i.e. 2.12.2004. The amount so increased shall entail interest @ 6% p.a. from the date of the order to be paid within three months failing which interest @ 9% p.a. shall be payable. 8. The appeal is disposed of accordingly with the above modification. (Guman Singh), J. chauhan/