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Rajasthan High Court · body

2011 DIGILAW 2629 (RAJ)

Mamta Maheshwari v. Ishaq Khan

2011-11-30

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—The only argument that has been advanced by learned counsel for the claimant in this appeal is that the amount of Rs.3,000 for disability of 3% is on lower side and this amount should have been computed by applying the structured formula with the aid of multiplier of 18 taking the income of the appellant to be Rs.2300 per month. 2. Shri Ganesh Joshi, learned counsel for the respondent opposed the appeal and filed cross objection to say that the accident took place in the mid of the road and the appellant should be held responsible for contributory negligence and the liability to pay the compensation should be apportioned in equal proportion. 3. On hearing the learned counsel for the parties and perused the record, I find that while on other heads i.e. pain and suffering Rs.3,000, for three injuries; one grievous and two simple, Rs.7,000 and for loss of income for leave of 9 days Rs.1,000 and for damage to the luna, Rs.4,000 has been awarded, but award of Rs.3,000 for 3% disability deserves to be marginally enhanced. It is accordingly enhanced to Rs.8,000 from Rs.3,000 inclusive the amount of interest. Thus the amount of compensation is enhanced from Rs.18,000 to Rs.23,000. 4. The appeal as well as the cross objection is accordingly disposed of.