Ramachandran Nair, J. This appeal is filed by the appellant aggrieved by the inadequate compensation granted by the Tribunal, ie. at Rs.1,24,500/-.
2. He was a student at the time of the accident, aged 10 years. The accident occurred on 24.04.2005 while he was going to take a bus at the Kadirur 4th Mile Bus Stop. He was knocked down by a bus bearing Reg.No.KL 13/E 1022.
3. The learned counsel for the appellant vehemently contended that the compensation awarded under various heads namely, medical expenses, bystander's expenses, transportation expenses, pain and suffering and disability income is not reasonable. It is further submitted that the Tribunal found that there was swelling at the thigh, but for loss of enjoyment of life, nothing has been granted.
4. The learned counsel for the respondent submitted that adequate compensation has been granted. It is submitted further that the Tribunal has granted Rs.15,000/- for future treatment and another amount of Rs.5,000/- for `review treatment' has also been granted.
5. We find from a reading of the award that as against the claim of Rs.57,000/- towards bystander's expenses, the Tribunal has awarded only Rs.1,500/-. He was treated as an inpatient for 15 days. On 04.05.2010 implant removal was done and consequent to that rest for 21 days was also insisted.
6. As far as the medical expenses is concerned, we find that the Tribunal verified the bills produced and after referring to various aspects the Tribunal has granted an amount of Rs.14,000/-. As regards transportation charges, even though Rs.24,000/- was claimed, the Tribunal found that the same is exaggerated.
7. The learned counsel for the appellant vehemently submitted that the Tribunal should have fixed fair compensation for these two heads. In the light of the period of treatment as well as the different days on which he would have gone to the hospital, we find that he is entitled to a higher amount.
8. Since the 21 days period covered by the latter part is only for taking rest after removal of implant, we take only 15 days for considering the claim of bystander's expenses. But he will be entitled to Rs.200/- per day instead of Rs.100/- per day adopted by the Tribunal and we grant an amount of Rs.3,000/- under this head. Towards transportation expenses, we grant a further amount of Rs.2,000/-. Being a student, he would have not been able to move about for his normal avocation and sports or games. He was only aged 10 years at the time of the accident. Therefore, he would have missed the company of the children of his age group and participation in childhood plays. Thus there is loss of enjoyment of life partially. For the said claim, we award an amount of Rs.5,000/- further. In that view of the matter, the appellant will be entitled for a total amount of Rs.1,33,000/- (Rupees One lakh thirty three thousand only) as shown below, which will carry interest @9% per annum from the date of the petition.
(Rupees One lakh thirty three thousand only) The appeal is allowed to that extent. All the other directions of the Tribunal are upheld. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge