GUMAN SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal has been preferred on behalf of injured-appellant Smt.Meena Kumari for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 7.4.2000 whereby a sum of Rs.18,500/- was awarded by way of compensation for the injuries sustained in the accident. The challenge in the appeal pertains to quantum of compensation only. Learned counsel for the appellant submits that injured is a lady who was dashed by the offending vehicle from behind and she sustained many injuries and her son was also injured. As the injury was extensive on his tow of the leg as such, 40 stitches were to be carried out but the learned Tribunal has failed to award adequate compensation as the amount for a month has been awarded for loss of income while for 2 months, injured remained immobilized. It is also submitted that injured was a lady, she was widow and she could not look after her house hold and, as such, she had to employee a servant and as such, for 2 months, a sum of Rs.2500/- deserves to be awarded at the rate of Rs.1000/- per month. It is further submitted that no interest has been awarded on the amount as the Tribunal has placed the condition that in case amount was not paid within a period of 45 days, amount of award shall carry interest @12%. Thus the interest @6% deserves to be awarded from the date of claim petition in case no interest has been paid. 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 at the time of accident, injured was Government employee and was drawing salary of Rs.7800/- per month while the Tribunal has awarded only Rs.1000/- for loss of income and, as such, 1& months' additional salary deserves to be awarded amounting to Rs.11,700/-. That apart, for a servant to be employed during the period of immobilization, Rs.2500/- deserves to be awarded @1000/- per month. Accordingly, total additional sum of Rs.14,200/- deserves to be 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.14,200/- by way of additional enhanced compensation from the date of appeal i.e. 12.7.2000 to be paid within three months. Thereafter interest @9% per annum shall be payable. It is further ordered that interest @6% shall be awarded from the date of claim petition on the amount awarded by Tribunal in case interest has not been paid. The rest of the terms of award shall remain unchanged. Record be sent forthwith.;