Asha, J.
The appellant was injured in a motor accident which occurred on 03.04.2005, when he was knocked down from the motor cycle on which he was riding as a pillion rider, by another motor cycle. He was immediately taken to Crescent Hospital, Alathur and shifted to Aswini Hospital, Thrissur and from there to Daya Hospital, Thrissur for further treatment. He underwent four surgeries while undergoing treatment as in patient for a period of 44 days, during the period from 03.04.2005 to 18.10.2005. Again in December, 2006 he was subjected to another surgery on account of 'osteo Myelitis'. From the wound certificate, it is seen that he had a lacerated wound 4x2x.5 cm on the right parietal region with flap formation, lacerated wound 2x1x0.5cm on the upper 1/3 of the right leg with bones protruding for about 2 cm, lacerated wound 1x1x0.5 cm on the lower 1/3 of right leg, absence of pulsations of right lower limb. He suffered fracture of tibia and fibula as well as head injuries. His disability was assessed as 40.17%. He was aged 17 years at the time of accident and it was claimed that he was working as a daily waged driver in an auto rickshaw, earning Rs.4,500/- per month. The claim petition was filed seeking compensation to the tune of Rs.5,13,500/-. The Tribunal granted an award for a sum of Rs.4,13,300/-, along with interest at the rate of 7.5%. This appeal is filed seeking enhancement of compensation.
2. The learned counsel for the appellant submits that the amount awarded under the various heads are apparently inadequate. We have heard the learned counsel appearing for the Insurance Company also. He opposes the prayer for enhancement.
3. It is seen that the appellant was aged 17 years at the time of accident and had sustained very severe injuries on account of the accident and had to undergo prolonged treatment. The Tribunal has reckoned his monthly income at the rate of Rs.3,000/- per month. In the light of the judgment of the apex court in 'Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.' ((2011) 13 SCC 236) and in accordance with the wage structure prevailing in the State, even a person engaged in an unorganized sector can earn an income of Rs.4,500/-. We accordingly re-assess the compensation under the head permanent disability and loss of earnings reckoning the income at the rate of Rs.4,500/- per month.
4. The Tribunal has awarded Rs.20,000/- towards pain and suffering. We find that the amount awarded is thoroughly inadequate. Having regard to the prolonged treatment, grievous nature of injuries and disability incurred by the appellant, we enhance the same as Rs.35,000/-. Under the head of loss of amenities, the Tribunal has awarded only Rs.20,000/-. It is seen from the disability certificate that there was shortening of leg and he has developed wound with pus formation problems also. Therefore, we enhance the amount awarded under the head loss of amenities to Rs.35,000/-. Appellant was aged only 17 years at the time of accident. On account of the deformity caused by the accident, the marriage prospects of the appellant has been diminished. Therefore, we award Rs.35,000/- under the head diminution of marriage prospects. The Tribunal has awarded compensation towards loss of earning only for the period of six months. We find that the appellant was under treatment from April, 2005 to October, 2005 and thereafter in December, 2006. On account of the surgery undergone in December, 2006, he would not have been able to undertake any employment at least for a period of one month. Therefore, we enhance the same reckoning the period as seven months. He will be entitled to Rs.31,500/- under this head.
5. Accordingly, we modify the award, as follows:
6. The appellant is entitled to interest at the rate of 9% p.a. in the light of the above judgment in 'Supe Dei (Smt.) v.
National Insurance Company Ltd.' ((2009) 4 SCC 513). The Insurance Company shall deposit the entire compensation amount of Rs.6,14,200/- along with interest at the rate of 9% within a period of three months, less the amount if any already deposited.
The appeal is accordingly allowed as indicated above.
Sd/-
T.R.RAMACHANDRAN NAIR JUDGE Sd/- P.V.ASHA JUDGE //true copy// St/ P.S. To Judge