JUDGMENT 1. - The learned counsel for both the sides agreed for final disposal of the appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred by the injured Shakeel Ahmed for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Gangapur city, Distt. Sawai Madhopur vide judgment dated 20.3.2003 whereby a sum of Rs. 41,085/- was awarded to the injured-appellant by way of compensation for 10% disability sustained about the injuries caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award the adequate compensation as the income of the injured was assessed on lower side and the minimum wages @80/- per day should have been assessed for computing the compensation as the injured was engaged in denting work of Motor Vehicles workshop. It is also submitted that the amount deserves to be computed on the basis of second schedule to the M.V.Act and amount of Rs. 10,000/- deserves to be awarded for pain and sufferings. It is further submitted that the injured was immobilised and could not attend his work for four months for which he should be paid Rs. 9600/- at the rate of Rs. 2400/- per month. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has failed to assess the compensation on the basis of second schedule to the M.V.Act so as to award adequate compensation and to place the injured in the position as no injury was caused to him, therefore, by taking his earning to be equivalent to minimum wage of Rs.80/- per day, amount deserves to be calculated. That apart, sum of Rs. 9600/- is required to be awarded for loss of his earning for four months for which he was immobilised and sum of Rs.10,000/- deserves to be awarded for pain and sufferings under the second schedule to the M.V. Act minus Rs.725/- already awarded as against the medical reimbursement.
That apart, sum of Rs. 9600/- is required to be awarded for loss of his earning for four months for which he was immobilised and sum of Rs.10,000/- deserves to be awarded for pain and sufferings under the second schedule to the M.V. Act minus Rs.725/- already awarded as against the medical reimbursement. The amount can be calculated as under: 2400 x 12 x 16 (multiplier)x 10% = 46080- 40380 (already awarded) = 5720+9600 (earning for four months)+10,000 (for pain & sufferings) = 25320 (to be additionally awarded). 7. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.25320/- by way of additional enhanced compensation from the date of appeal i.e. 31.3.2003, 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.Appeal Partly Allowed. *******