Judgment:
Guman Singh, J.
1. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dt. 21.05.2000 whereby a sum of Rs. 12,000/- was awarded as no fault liability as the Tribunal has determined the total amount of compensation amounting to Rs. 20,500/- but the same was scaled down by 50% on account of contributory negligence at the part of injured.
2. Learned Counsel for the appellant submits that the accident took place on 07.10.1993 at 9.30 PM when the injured who was on scooter, and was dashed from behind by the RSRTC bus while the scooterist was taking a turn around Chomu Circle in Jaipur City. It is also submitted that the fact that he was dashed from behind has been proved from the evidence adduced on behalf of injured as well as on the basis of site inspection memo Ex.4 and, as such, the finding of contributory negligence at the part of injured deserves to be set aside. It is also submitted that the Tribunal has not awarded adequate compensation and the compensation deserves to be awarded by assessing the income of injured by adopting appropriate multiplier of 17 commensurating with the percentage of disability. It is further submitted that a sum of Rs. 20,000/- deserves to be awarded for six months period of immobilization during treatment.
3. 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. It is also submitted that the injured had an opportunity to avoid the accident but he failed to do so and thus he was liable for contributory negligence.
4. On hearing rival contentions, and going through the award as also record of the case, it is revealed that at the time of accident, injured was going around the Chomu Circle when he was hit from behind by RSRTC bus causing injuries resulting into 10% disability. The fact that he was dashed from behind has been proved from the evidence adduced on abehalf of injured as well as on the basis of site inspection memo Ex.4, therefore, the finding of learned Tribunal for fixing 50% liability for contributory negligence at the part of injured is without any basis and same is set aside. As regards the quantum of compensation, it may be noted that the matter pertains to year 1993 and the injured is stated to be owner of Amar Colour Lab but no evidence has been led. Thus the minimum earning deserves to be taken as Rs. 1500/- per month by following the judgment of Hon'ble Apex Court reported in 2001 WLC (SC) 116 Smt. Kaushnuma Begum and Ors. v. the New India Assurance Co. Ltd and Ors. Thus the compensation can be computed as under:
Rs.1500 x 12 x 17 (multiplier) x 10% (disability) = Rs. 30,600 +Rs. 9,000/-(additional amount for immobilization for a period of six months during treatment) + Rs. 20,500/- (assessed by Tribunal on other counts) = Rs. 60,100 - (minus) Rs. 12,000 (already paid by the Tribunal under award) = Rs. 48,100/- (to be additionally awarded)
5. 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. 48,100/- by way of additional enhanced compensation from the date of appeal i.e. 15.09.2000, 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.