JUDGMENT 1. - This appeal has been filed against the judgment and award dated 15.11.2002 passed by M.A.C.T., Jaipur District, Sikar in Claim Case No. 292/1998. 2. Brief facts of the case are that on 14.7.1998 at about 4.30 AM in the the morning one Gopal alongwith his family members was going In a Jeep No. RJ 23 C 0483 to Do Janti Balaji at Fatehpur in a Sawamani and the claimant appellant who was a photographer was also sitting in the Jeep with them in order to do the photography there. When their jeep reached near Harsawa, the driver of the jeep drove the jeep in a rash and negligent manner and lost his control due to which the jeep turned due to which the claimants sustained various injuries on his body. 3. A claim petition was filed by the claimant appellant on account of injuries sustained by him due to which permanent disability occurred into the eye of the claimant and he lost his eye sight for ever. He claimed compensation to the tune of Rs. 13,80,000/-. 4. The learned Tribunal vide its impugned judgment and award awarded a sum of Rs. 1,00,000/- as a compensation. 5. Thus the present appeal has been filed for enhancement of compensation. 6. Heard learned counsel for the parties and gone through the impugned judgment and award passed by the learned lower tribunal. 7. Learned counsel for the claimant-appellant contended that because of the eye loss and permanent disability as the right eye of the appellant has been removed being totally damaged and the appellant being a photographer and video shooter and because of the loss' of right eye, he is not in a position to continue his profession and thus the amount awarded as compensation being a meager one and as per the decision of Madhya Pradesh High Court in the case of Jyoti Chourasiya v. Pushpa Chourasiya and another, 2002 ACJ 547 enhanced compensation should be awarded. 8. Per contra, learned opposite counsel contended that learned Tribunal after, considering all the facts and loss of the eye on all accounts compensation of Rs. 1.00 lack with 9% interest has been awarded, which is just and proper; so this appeal should be disallowed. 9.
8. Per contra, learned opposite counsel contended that learned Tribunal after, considering all the facts and loss of the eye on all accounts compensation of Rs. 1.00 lack with 9% interest has been awarded, which is just and proper; so this appeal should be disallowed. 9. After going through the rival submissions and the award of the learned Tribunal, the appellant being a 24 years old man and because of the loss of right eye, assuming Rs. 15,000/- p.a. as income and applying the multiplier of 17 because of the permanent disability, the compensation comes to Rs. 2,55,000/-, out of which learned Tribunal awarded Rs. 44,970/- making it round Rs. 45,000/- and after deducting that amount, the compensation comes to Rs. 2,55,000-45,000 = Rs. 2,10,000. So the enhanced compensation of Rs. 2,10,000/- should be awarded to the appellant and accordingly the appeal should be allowed. 10. The respondents are directed to pay the enhanced amount of compensation to the tune of Rs. 2,10,000/- to the appellant within two months.Appeal Allowed as Above. *******