1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1321/2005 (Babu lal son of Nathu lal Vs. Babulal son of Laxmi Narain) Date of Judgment : 17-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.RS Sharma, for the appellants. Mr.R.K.Aarohi for Mr.R.D.Rastogi and Mr.J.K.Yogi, for the respondent/s. 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 the appellant Babulal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. & Sessions Judge No.3, Jaipur Distt. Jaipur vide judgment dated 31.1.2005 whereby total sum of Rs.1,40,400/- was awarded by way of compensation for 28.43% disability on account of injuries sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 2 5. Learned counsel for the appellant submits that the learned Tribunal has assessed sum of Rs.1500/- per month as earning of the injured which should have been @73/- per day equivalent to the wages of a skilled labour and the amount deserves to be enhanced accordingly by adopting second schedule to the M.V.Act to be the guidelines. 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 on going through the award,as also, the record of the case, it is revealed that injured was working under Biscuit Factory and claimed Rs.4000/- but the learned Tribunal has assessed Rs.1500/- per month which deserves to be enhanced by making it equivalent to wages of a skilled labour amounting to Rs.73/- per day and thus the 3 amount deserves to be computed as under: 73x30x12x16(multiplier)x28.43%(disability)= 1,19,542-80,000(already awarded)= 39,542/- (to be additionally awarded) 8. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount of compensation to the tune of Rs.39,542/- from the date of appeal i.e. 27.4.2005, with 6% interest to be paid within three months. Thereafter interest @9% p.a. shall be payable. The appeal is disposed of accordingly. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.40