N.K.JAIN, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THE injured -appellant -Madan Lal has filed this appeal for enhancement of amount of compensation under Section 173 of the Motor Vehicles Act, 1988 against the judgment/award dated 14.12.1993 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 1064/89. The Counsel for the appellant contended that in this case the injured sustained 50% permanent disability whereas the learned Tribunal has awarded only Rs. 25,000 as compensation in respect of 50% permanent disability. He further submits that the income of the deceased was Rs. 2,451 per month and his age was only 55 years at the time of accident, therefore, proper multiplier which ought to have been adopted in this case by the learned Tribunal was 11 looking to all the facts and circumstances of the case. His submission is that if multiplier of 11 is adopted then the amount of compensation for 50% disability comes to Rs. 1,61,766, therefore, his submission is that amount of compensation should be enhanced in respect of compensation for permanent disability. The Counsel for the appellant has not challenged the amount of compensation awarded on account of mental agony and physical pain and under other heads.
(3.) THE learned Counsel for the respondent -Insurance Company submits that looking to all the facts and circumstances of the case, the amount of compensation awarded by the Tribunal is just and reasonable and this is not a fit case for enhancement of the amount of compensation. He further submits that method of applying of multiplier is only in respect of loss of income and not for permanent disability, therefore, no amount should be enhanced in the present case by applying multiplier method.;