IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. **
S.B.CIVIL MISC. APPEAL NO.1273/2000
(Karamjeet Singh Vs. Sohan Lal and ors.)
Date of Judgment : 23-07-2009
HON’BLE MR.JUSTICE GUMAN SINGH
Mr.K.N.Tiwari,for the appellants.
Mr.P.S.Shukla, for the respondents.
Heard learned counsel for the parties.
2. This appeal has been preferred on behalf of injurd-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 26.6.1999 whereby a sum of Rs.1,03,750/- was awarded by way of compensation for 14% disability caused in the accident.
3. The only challenge in the appeal pertains to quantum of compensation.
4. Learned counsel for the appellant submits that the learned Tribunal has failed to assessed the adequate compensation as per second schedule to the M.V.Act to be the guideline and hence adequate compensation deserves to be awarded.
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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that a total sum of Rs.20,000/- has been awarded as lump sum for future loss of earning and that deserves to be awarded by taking second schedule to the M.V.Act to be the guideline. Thus the compensation can be computed as under:
Rs.2500 x 12 x 17 (multiplier)x14% (disability) = Rs.74,000/- -(minus) Rs.30,000/-(already awarded)=Rs.44,000/-(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.44,000/- by way of additional enhanced compensation from the date of appeal i.e. 18.8.98, 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/30