1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No.4922/2008 {Bhairun Lal Kumawat Versus Om Prakash & Others} Date of Order :: 12th December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. L.M. Bhardwaj for the appellant BY THE COURT: Heard learned counsel for the appellant on the application under Section 5 of the Limitation Act for condonation of delay of four days in filing the appeal as well as on merits of the appeal also. After considering the submissions of learned counsel for the appellant and also the reasons assigned in the application, I am satisfied that a sufficient cause has been made out to condone the delay. Hence, the delay of four days in filing the appeal is condoned. The application under Section 5 of the Limitation Act stands allowed. So far as merits of the case are concerned, the injured-appellant has preferred this appeal for enhancement of the amount of compensation in respect of injuries sustained 2 by him in motor accident took place on 12th April, 2000 and being aggrieved by the impugned award dated 3rd October, 2002 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 1018/2000, whereby the learned Tribunal awarded a total compensation of Rs. 3,04,000/- with interest @ 9% per annum from the date of claim application i.e. 27th April, 2000 in his favour as under: Rs. 1,72,800/- towards loss of income Rs. 80,000/- towards physical pain, mental agony and permanent disability Rs. 40,000/- towards loss of enjoyment of life Rs. 11,200/- towards medical bills, nutritious food, transportation etc. The only submission of learned counsel for the appellant is that looking to the age of appellant i.e. 35 years, the multiplier of 17 should have been applied by the learned Tribunal, whereas the Tribunal applied only the multiplier of 16 and to that extent the impugned award passed by the Tribunal is liable to be modified and amount of compensation may be enhanced accordingly. I have considered the submissions of leaned counsel for the appellant in the light of finding of the learned Tribunal with regard 3 to quantum of compensation. So far as the multiplier to be applied in the present case is concerned, the Tribunal recorded a finding that appellant was 35 years of age on the date of accident as the said age was mentioned in the claim application as well as permanent disability certificate. As per Second Schedule appended with the Motor Vehicles Act, 1988, the multiplier of 16 is applied where the age of victim is above 35 years but not exceeding 40 years and the multiplier of 17 is applied where the age of victim is above 30 years but not exceeding 35 years. After considering all the facts and circumstances of the case, I am of the view that the learned Tribunal was fully justified in applying the multiplier of 16 in the present case and I do not find any force in the submission of learned counsel for the appellant. Apart-from above, it is relevant to mention that Tribunal has not only awarded a sum of Rs. 1,72,800/- under the head of loss of income, but it has further awarded a sum of Rs. 80,000/- for physical pain, mental agony and permanent disability and Rs. 40,000/- for loss of enjoyment of life. The Hon'ble Supreme Court in 4 Divisional Controller, KSRTC Versus Mahadeva Shetty and Another {(2003) 7 Supreme Court Cases 197} has observed that the Tribunal is required to pass an award under Section 168 of the Motor Vehicles Act, 1988 which appears to be “just”. Every method or mode adopted for assessing compensation has to be considered in the background of "just" compensation which is the pivotal consideration. After considering the number and nature of injuries and percentage of permanent disability, I am of the view that the amount of Rs. 3,04,000/- along-with interest awarded in the present case is just, fair and reasonable amount of compensation and no interference in it is called for. In view of the above discussion, I do not find any merit in this appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK