Asha, J.
The claimant in O.P.(MV)No.1373/2006 on the file of the Motor Accidents Claims Tribunal, Kozhikode has filed this appeal seeking enhancement of compensation. She met with an accident on 5.4.2006 on being hit by a motor cycle. Right femur was fractured and there was multiple abrasion on toes. She underwent a surgery and inpatient treatment for a period of five days. The Tribunal granted an award of ` 30,000/- as against her claim of ` 1,50,000/-.
2. The learned counsel for the appellant submits that the amount awarded under various heads is thoroughly inadequate. The bills for medical treatment including towards surgery was not accepted by the Tribunal stating that the bill was dated 16.4.2006, whereas the accident occurred on 5.4.2006. We find that the bill produced by the appellant ought to have been accepted and the entire amount claimed towards medical bill was liable to be accepted. We therefore award an additional amount of `16,990/- under the head of medical treatment. The Tribunal has granted only a sum of ` 15000/- towards pain and suffering. The appellant was aged 55 and her femur was fractured. She might have experienced very severe pain and suffering and difficulties in her normal routine functions. We therefore find it fit to enhance the amount under the head of pain and suffering to ` 25,000/-. Thus award is modified as follows : Medical treatment - ` 22990/- Incidental charges - ` 1500/-
Pain and suffering - ` 25,000/- Loss of amenity - ` 3,000/- Loss of notional income- ` 4000/- Transportation - ` 500/-
Total - ` 56,990/-
Rounded off to ` 57,000/-
============= ( Rupees fifty seven thousand only)
3. The Tribunal has awarded interest @ 7% per annum only.
In the light of the decision of the Apex Court in Supeidei (Smt.) and others v. National Insurance Company Ltd. and another ( 2009(4) SCC 513), we find it necessary to enhance the same to 9% per annum. There will be a direction to the Insurance Company to deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
The appeal is accordingly disposed of.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.