Asha, J. The appellant is the claimant in O.P.(MV) No.726/2005 on the file of the Motor Accidents Claims Tribunal, Ernakulam. She sustained injuries on account of an accident which occurred when the autorickshaw in which she was travelling, was hit by a jeep. She sustained the following injuries, as seen from the wound certificates Exts.A14 and A15 :
“ communited fracture right femur, communited fracture both bones right forearm, loss of teeth multiple and small abrasions right hand and left ankle.”
2. It is submitted that appellant lost her 6 teeth in the accident in addition to aveolar fracure and partial fracture of teeth. She underwent treatment as an inpatient for a period of 38 days in intermittent spells, when she had to undergo surgeries. From Ext A20 and A21 certificates the treatment is seen to have continued even in July 2007. The Tribunal granted an amount of Rs.1,37,257/- as total compensation. The appellant has approached this Court seeking enhancement of compensation.
3. After considering the contentions raised by the learned counsel on both sides with reference to the records, we find that the compensation awarded on certain heads are inadequate. The appellant is a lady who was aged only 26 years at the time of accident. She claimed that she was a general worker earning a monthly income of Rs.3,000/-. The Tribunal has awarded an amount of Rs.18,000/- towards loss of income during the treatment period. It is seen that she was undergoing treatment as an inpatient for a period of 38 days. But towards bystander's expenses, the Tribunal has granted only a sum of Rs.3,500/- which we find too inadequate. We find that a sum of Rs.7,600/- will be a reasonable compensation towards bystander's expenses at the rate of Rs.200/- per day. Towards medical expenses, the appellant had to incur a sum of Rs.69,057.86, which the Tribunal has allowed. In regard to her age, the grievous nature of injuries sustained by her and the long period of treatment she underwent, we deem it appropriate to award a sum of Rs.25,000/- in addition to the amount already awarded by the Tribunal, towards compensation for pain and suffering. Towards loss of teeth as well as disfigurement and future treatment, we find it just to award a compensation to the tune of Rs.50,000/- under the head loss of amenities. Towards transportation charges, an amount of Rs.5,000/- will be an admissible compensation. Thus, appellant will be entitled to get the compensation enhanced as follows:
4. We modify the award accordingly. Thus, the appellant will be entitled to a total compensation at Rs.2,04,450/- along with interest at the rate of 9% per annum from the date of petition till realisation. The Insurance Company is directed to deposit the entire amount less the amount already deposited, within three months from the date of receipt of a copy of this judgment.
The appeal is allowed as above. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/