GUMAN SINGH, J. - (1.) 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 13.4.1999 whereby a total sum of Rs.49,680/- was awarded by way of compensation for 14% disability sustained due to the injuries caused in the accident. The challenge in the appeal pertains to quantum of compensation only. Learned counsel for the appellant submits that the learned Tribunal has assessed monthly income of injured as Rs.3,000.00 as injured was engaged in cycle repairing but he has been awarded Rs.15,000.00 by way of future loss of income on account of disability sustained while the amount deserves to be awarded by computing loss commensurating with the percentage of disability and by applying appropriate multiplier. 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. On hearing rival contentions, and going through the award as also record of the case, it is revealed that injured has been awarded Rs.15,000.00 for loss of future income on account of injuries sustained while the injured deserves to be awarded compensation by adopting appropriate multiplier of 16 commensurating with the percentage of disability. The monthly income of the injured is to be Rs.3000/- as held by Tribunal and, as such, same is taken into consideration for computing the compensation. Thus compensation can be computed as under: Rs. 3000 x 12 x 16(multiplier) x 14%(disability)=Rs.80,640-(minus)Rs.15,000/- (already awarded) = Rs.65,640 (to be additionally awarded).
(3.) ACCORDINGLY, appeal of the injured-appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs.65,640.00 by way of additional enhanced compensation from the date of appeal i.e. 28/6/1999, 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.;