1 S.B.CIVIL MISC. APPEAL NO. 662/2005 (Aditya Sharma Vs. Bhawani Singh and ors.) Date of Judgment : 16-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur, for the appellants. Mr.Deepak Goyal, for the respondents. Both the parties agree that the appeal may be finally disposed of at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred by the injured Aditya Sharma for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide order dated 18.11.2004 whereby a sum of Rs.40,000/- was awarded for 28% disability sustained in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation for the loss of future earning/income to the injured and only Rs.21,900/- has been awarded under this head which deserves to be enhanced. 2 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. It is further submitted that it has not been proved as to what loss has occurred to the injured after disability sustained by him as he is stated to be well in job and drawing Rs.2900/- per month. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured was earing Rs.2900/- per month by way of salary as he was in job in an Amonia Plant when he sustained 28% disability in the accident. The injured was in the job of a private concern and as such that cannot be said to be a stable source of income for future. Thus the compensation deserves to be computed in view of provisions of second schedule to the M.V.Act by adopting multiplier of 16 commensurating with percentage of disability as under: 3 2900 x 12 x 16 (multiplier) x 28%(disability) =1,55,904-21,900(already awarded) = 1,34,004 (to be additionally awarded). 8. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total amount of compensation is enhanced by additional amount of Rs.1,34,004/- the date of appeal i.e. 18.2.2005, with 6% interest to be paid within three months. (GUMAN SINGH),J. Srawat/- item no.70