GUMAN SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal has been preferred on behalf of injured-appellant Raisudeen for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 9.7.1998 whereby a sum of Rs.26,000/- was awarded by way of compensation for 9% 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 not awarded adequate compensation and that deserves to be awarded by taking second schedule to the M.V.Act to be the guideline. It is also submitted that the injured has sustained four grievous injuries while sum of Rs.10,000/- only has been awarded for pain and sufferings, which also deserves to be enhanced. 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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that injured was 13 years of age at the time of accident and on account of injury on right leg, he sustained four fractures in his fingers of right leg resulting in 9% disability. The Tribunal has awarded Rs.15,000/- on account of loss of earning and a sum of Rs.10,000/- has been awarded for pain and sufferings and compensation deserves to be computed by taking the notional income of injured to be Rs.15,000/- per annum and by adopting appropriate multiplier of 15 by taking second schedule to the M.V.Act to be the guideline, commensurating with the percentage of disability. That apart, a sum of Rs.10,000/- over and above already awarded, deserves to be awarded for pain and suffering as the injured had sustained four fracture injuries.. Thus the amount can be computed as under:Rs.15000x15(multiplier)x9%(disability)=Rs.20,250-(minus)+Rs.15,000/-(already awarded)=Rs.5,250+Rs.10,000(additional sum for pain and sufferings)=Rs.15,250/- (to be additionally awarded)
(3.) 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.15,250/- by way of additional enhanced compensation from the date of appeal i.e. 17.9.98, 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.;