~~~~~~~~~~~ P.V.Asha, J.
A nine year old girl, injured in a motor accident, has filed this appeal seeking enhancement of compensation. She, while walking through Areekkavu - Muttathu public road was hit by motor cycle on account of which she fell down and sustained injuries. From Ext.A7 discharge summary, it is seen that type-1 open fracture of the right tibia and fibula was caused and she was admitted in hospital on 10.8.2009 and discharged on 17.8.2009. The claim petition was filed seeking compensation to the tune of Rs.1,50,000/-. The Tribunal awarded Rs.52,500/- along with interest at the rate of 7.5% p.a.
2. The learned counsel appearing for the appellants submits that the compensation awarded is too inadequate.
3. We heard the learned counsel appearing for the appellants and the learned counsel appearing for the Insurance Company.
4. The only injury sustained is fracture of tibia and the 2nd appellant was discharged from the hospital within a period of seven days. The Tribunal assessed her disability as 3% and adopting the multiplier as 18, awarded a sum of Rs.6,480/- towards compensation for permanent disability. But, the learned counsel for the appellants submits that the annual income reckoned as well as disability assessed are too low. We do not find any reason for interfering with the finding of the Tribunal regarding the income or disability, in the absence of any disability certificate. However, we find that the Tribunal has awarded bystanders' expenses only at the rate of Rs.150/-. Therefore, we enhance the same at the rate of Rs.200/- and under this head, the appellant will be eligible for a sum of Rs.1,400/- in the place of 1050/-. Under the head of pain and suffering, the Tribunal has awarded a sum of Rs.20,000/-. We find that the amount granted under this head is reasonable.
5. As the 2nd appellant was aged only 9 years, on account of the fracture sustained, she would have been unable to attend the school, or to play or dance or enjoy along with other children. Therefore, we award a sum of Rs.5,000/- under the head of loss of amenities and discomfort and enjoyment. In addition to that, a sum of Rs.500/- is awarded towards extra nourishment. Thus, she will be entitled to an enhanced compensation of Rs. 5,850/-. The Tribunal has awarded interest only at the rate of 7.5% per annum. We enhance the same at the rate of 9% per annum. At the same time, this Court has ordered in C.M.Appln.No.930/2014 on 24.6.2014 that she will not be entitled to claim any interest for the period of delay of 215 days. Therefore, interest will not be payable for the said period.
6. Insurance Company shall deposit the entire compensation of Rs. 58,350/- along with interest at the rate of 9% per annum from the date of petition, within a period of three months, subject to the observation as above regarding the period of delay.
The appeal is allowed as above. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR, JUDGE.
sd/- P.V.ASHA, JUDGE.
Ps/9/12/2014