1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1293/2000 (Kana Ram Vs. Liyakat and ors.) Date of Judgment : 09-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Vinay Mathur for Mr.V.V.Harit, and Mr.Ashok Mehta, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 13.6.2000 whereby a sum of Rs.64,000/- was awarded by way of compensation for 7.5% disability sustained on account of injuries caused 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 not awarded adequate compensation as no amount has been awarded for future loss of earning on account of disability sustained. It is 2 further submitted that the learned Tribunal has not awarded any interest as the payment of interest has been made conditional and could be paid only if the amount of award is not paid within 45 days. 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 the learned Tribunal has awarded RS.50,000/- for physical pain and agony but the injured as sustained only two grievous hurts for which Rs.10,000/- could be awarded by way of physical pain and agony under the second schedule to the M.V.Act to be the guidelines and thus rest of the amount can be taken to be the amount for future loss of earning. Thus the remaining amount of Rs.20,000/- can be considered for future loss of earning as 3 the amount is still higher than what is paid after computing future loss of earning by taking Rs.___ to be the monthly earning of the injured and by adopting appropriate multiplier commensurating with the percentage of disability. Thus no amount deserves to be awarded for future loss of earning. However, the appellant-injured deserves to be awarded interest, if he has not been paid the interest on the amount awarded because the payment of interest under the award has been made conditional. 7. Accordingly, appeal of the appellant- injured for enhancement of compensation is disallowed while the award is modified to the extent that the appellant shall be entitled to get interest @6% from the date of claim petition upto the date of payment , if no interest has been awarded on this count under the condition imposed in the award. 8. Resultantly, the appeal stands disposed of with no order as to costs. (GUMAN SINGH),J. Sandeep/- item no.12