1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.890/1998 (Smt.Jamna Vs. Ajay Kumar & ors.) Date of Judgment : 11-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur,for the appellants. Mr.Vizzy Agrawal, for the respondents. 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, Kishangarh, Distt. Ajmer vide judgment dated 9.6.1998 whereby a total sum of Rs.25,000/- was awarded by way of compensation for 5% to 10% disability sustained on account of 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 awarded Rs.25,000/- as compensation for disability by way of lump sum while the compensation deserves to be awarded by taking into account the income of the appellant and by applying appropriate 2 multiplier commensurating with the percentage of disability. It is also submitted that a sum of Rs.50/- per day as daily wages should be taken into consideration which was the amount available for minimum wages to a skilled labour. 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. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the lady was 50 years old at the time of accident and she was labourer and her daily income deserves to be taken as Rs.50/- and by adopting appropriate multiplier of 13 commensurating with the percentage of disability, a sum of Rs.11,700/- deserves to be awarded. That apart, an additional sum of RS.5,000/- deserves to be further awarded so as to make the amount of disability equivalent to the 3 amount of no fault liability under the M.V.Act and thus a total sum of Rs.11,700+5000/-=16,700/- deserves to be additionally awarded. 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.16,700/- by way of additional enhanced compensation from the date of appeal i.e. 21.8.98, 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.h-8