GUMAN SINGH, J. - (1.) WITH the consent of the parties, this appeal is being heard and finally disposed of at admission.
(2.) HEARD learned counsel for the parties. 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 3.8.2007 whereby a sum of Rs.3,60,000/- was awarded by way of compensation for 46.80% disability sustained on account of injuries caused in the accident. The only challenge in the appeal pertains to quantum of compensation only. Learned counsel for the appellant submits that the learned Tribunal has assessed monthly earning of injured to be RS.2000/- which is on lower side and atleast Rs.100/- per day equivalent to Rs.3,000/- per month deserves to be assessed as monthly income. It is also submitted that injured was tailor by profession and he was under employment of Sirsagar Company and even used to stitch at his house. But on account of injuris sustained, his right hand has been impaired and he has sustained 46.80% disability as assessed by the Medical Board and, as such, the amount deserves to be assessed by adopting multiplier of 18 according to the guidelines of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC 121 commensurating with the percentage of disability. 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.
(3.) ON hearing rival contentions, and going through the award as also record of the case, it is revealed that injured was tailoer by profession and earning atleast RS.100/- per day equivalent to Rs.3000/- per month and total amount of compensation deserves to be assessed by adopting the multiplier of 18 as per guidelines in Sarla Verma's case (supra) commensurating with the percentage of disability. Thus the total amount can be computed as under: Rs.3000x12x18(multiplier)x46.80%(disability)=Rs.3,03,264-(minus)Rs.2,39,700/-(already awarded)= Rs.63,564/-+Rs.9000/-(loss of income for three months immobilization during treatment)= Rs.72,564/- (to be additionally awarded) 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.72,564/- by way of additional enhanced compensation from the date of appeal i.e. 13.11.2007, 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.;