Asha, J.,
A minor, aged thirteen years, sustained very severe injuries, while he was travelling to school, in a school bus bearing registration No.KL- 11-T-3347, which hit against a parked vehicle. He was immediately taken to the District Hospital, Kozhikode. He sustained the following injuries:
“Compound comminuted fracture olecranon and undisplaced inter condylar fracture left elbow with ulnar nerve palsy. He was operated upon the same day and underwent would debridement, open reduction and internal fixation (square nail and R.C. plate and screw fixation for olecranon, percutaneous K-wire fixation for inter condylar fracture ) and above elbow pop slab was applied.”
The injuries resulted in disabilities which was assessed as 52% as per Ext.C1 certificate.
2. The claim petition was filed seeking compensation to the tune of Rs. 5 lakh. The Tribunal awarded a total compensation of Rs. 2,53,780/- along with 7% interest p.a. The Tribunal reckoned a notional income of Rs.2,000/- as his monthly income. For Compensation towards continuing permanent disability, the Tribunal granted Rs.1,87,200/- only. Aggrieved by the inadequacy in the compensation awarded, the appellant approached this Court for enhancement of compensation.
3. We heard the learned counsel on both sides.
4. The Tribunal has awarded the compensation in the following manner:
5. The appellant who was aged 13 years has sustained very serious injuries on account of which occupational disability has been assessed as 52%. In the light of the decision of the Apex Court reported in Master Mallikarjun v. Divisional Manager, The National Insurance Company Ltd & Anr. (2013 (3) KLJ 815)., we refix the compensation as Rs. 4 lakhs. As per this judgment, the apex Court held that, though it is difficult to have an accurate assessment of compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant etc. should be, if the disability is up to 60%, Rs.4 lakhs. Therefore, we enhance the amount of compensation under the head of continuing permanent disability to Rs.4 lakh.
7. The appellant has been taken to the hospital on several occasions. The Tribunal has awarded only a sum of Rs.1500/- towards transportation to hospital. We fix it as Rs. 3,000/-. Under the head of extra nourishment amount awarded is a sum of Rs.2000/- only, we enhance it as Rs.4,000/-. The Tribunal has already granted a sum of Rs.34,430/- towards treatment expenses which does not require any modification. Towards bystander's expenses, the Tribunal has awarded Rs. 1,650/- at the rate of Rs.150/- per day. We enhance the amount by fixing the rate of Rs. 250/- per day. Therefore, the appellants will be entitled to a total compensation of Rs. 4,71,180/-.
8. Accordingly, We refix the compensation as follows:
The claimants will be entitled to the entire compensation.
9. The Tribunal awarded interest only at the rate of 7% which is inadequate. We enhance the interest at the rate of 9% p.a. Appellants will be entitled to interest @ 9% p.a from the date of petition, in the light of the decision of the apex court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513]. We therefore modify the award accordingly and appellants will therefore be entitled to get the enhanced compensation along with interest at the rate of 9% from the date of petition.
11. The Insurance Company is directed to deposit the entire award amount less the amount already deposited within a period of three months.
The appeal is allowed as above.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) Sd/-
AL/-
True copy P.V.ASHA (JUDGE) P.A to Judge