GUMAN SINGH, J. - (1.) BOTH the parties have agreed for final disposal of the appeal at admission stage.
(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-cum-ADJ (Fast Track) No.1, Bharatpur vide judgment dated 26.2.2008 whereby a sum of Rs.91,640/- was awarded by way of compensation for 26% disability caused on account of injuries sustained 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 deducted 1/3 amount as against own expenses of injured out of the earning of Rs.3000/- per month and that deduction should not have been made as it is not a death case and the injured has to spend amount for his own expenses. It is further submitted that the learned Tribunal has not awarded amount for a period of immobilization after he sustained four grievous hurts and that deserves to be awarded. 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.) HAVING heard the rival contentions, and on going through the award as also record of the case, it is revealed that the learned Tribunal has deducted 1/3 earning against the expenses of the injured while same should not have been deducted as the case pertains to injury and injured has to spend amount on himself. That apart, a sum of Rs.9000/- for a period of three months immobilization (Rs.3000/- per month) deserves to be awarded. Thus the amount of compensation can be computed as under:Rs.3,000x12x11(multiplier)x26%(disability)=Rs.1,02,960-(minus)Rs.68,640/-(already awarded)=Rs.34,320/-+Rs.9,000(additional amount for a period of three months immobilization)= Rs.43,320/-(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.43,320/- by way of additional enhanced compensation from the date of appeal i.e. 30.6.08, 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.;