1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.875/2008 (Master Kishan Vs. Govind Rawat and ors.) Date of Judgment : 04-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Bhanu Prakash,for the appellants. Mrs.Archana Mantri & Mr.Sanjay Verma, for the respondents. Both the parties are agreed to for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-injured for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal & Addl. District and Sessions Judge (Fast Track) No.1, Beawar vide judgment dated 16.10.2007 whereby a sum of Rs.1,80,000/- was awarded by way of compensation for 60% disability caused on account of amputation of left hand of injured in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has deducted 1/3rd amount from notional income of the injured while no such amount should be deducted. It is further submitted that the 2 injured was 14 years of young boy and on account of amputation of left hand, he has to face difficulties for whole life and shall undergo mental and physical pain as well as social indignation and would adversely affect his marriage prospects. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that as the injured is child of 14 years and, as such, his notional income has to be assessed as Rs.3000/- and no such amount deserves to be deducted from his notional income as the child has become handicapped for whole life which would adversely affect his earning capacity and future prospects. That apart, the child is to carry on difficulties for whole life and undergo mental and physical 3 agony as well as social indignation, therefore, Rs.60,000/- deserves to be awarded for menal and physical pain and agony. Since the Tribunal has deducted Rs.60,000/- on account of 1/3rd deduction, same deserves to be awarded and thus total sum of Rs.1,20,000/- deserves to be additionally awarded and rest of the award deserves to be maintained. 7. 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.1,20,000/- by way of additional enhanced compensation from the date of appeal i.e. 3.12.2007, 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.105