The principle of just and fair compensation under the Motor Vehicles Act, 1988 should consider the severity of injuries, permanent disability, pain and suffering, and loss of amenities.

T.R. RAMACHANDRAN NAIR, J.

1. The appellant who was a 15 year old boy at the time of accident has come up before this court seeking enhancement of compensation. As against the total claim of Rs. 2 lakhs the Tribunal has awarded an amount of Rs. 77,421/-.

2. Heard both sides.

3. A narration of the facts will be necessary to assess the physical disability of the appellant. The accident occurred on 11.02.2000 at 9.15 a.m. He was riding a bicycle from Amayoor to Karakkunnu school and the accident spot is near Anakottupuram road. The offending vehicle, a car bearing registration No. KL-10/E-8485 hit the appellant and he was thrown away on the road and sustained serious injuries. He was taken to the Medical College Hospital, Calicut for treatment.

4. The medical reports have been produced in evidence and Ext.A3 is the certificate issued from the Department of Physical Medicine and Rehabilitation, Medical College, Calicut. The said certificate would show that he was treated as inpatient in the Medical College Hospital from 11.02.2000 to 26.04.2000 as I.P. No. 7839. When he was admitted in the surgery ward he had traumatic brain injury and left heniplegia, fracture mandible and fracture neck of left radius. Then he was transferred to the Physical Medicine Department for rehabilitation. He was readmitted on 23.09.2000 and was discharged on 17.10.2000.

5. Ext.A4 is the O.P. Ticket and Ext.A5 is the Treatment Book. Ext.A5 shows that he was admitted on 11.02.2000 and discharged on 26.04.2000. It is stated that he continued his treatment up to 25.09.2006. Ext.A6 and Ext.A7 are two C.T. Scan reports. The evidence will therefore prove that he was treated continuously for a long period. Ext.X1 is the case sheet and Ext.X2 is the disability certificate. We have gone through the disability certificate, wherein it is recorded that he is having minimal spasticity and weakness of (L) upper and lower limb following traumatic brain injury. The percentage of permanent disability is noted as 15. Going by the evidence he was a student in 10th standard. The Tribunal has granted compensation under different heads as shown below:-

Head of claim	Awarded in Rupees
Transport to hospital	2,000/-
Extra nourishment	1,000/-
Damage to clothing and article	1,000/-
Medical expenses	9,671/-
Bystander expenses	10,000/-
Pain and suffering	15,000/-
Compensation for permanent disability	33,750/-
Compensation for loss of amenities in life	5,000/-
Total	77,421/-

      6. The learned counsel for the appellant vehemently prayed for enhancement of compensation.

7. For the purpose of assessing the percentage of permanent disability the Tribunal has taken the annual income as Rs. 15,000/- being a student. The accident occurred in the year 2000. We are of the view that the amount fixed for assessing the compensation is too low and it is justifiable in taking the monthly income at least at the rate of Rs. 3,000/-. The multiplier going by the table provided in the decision of the Apex court in Sarla Varma vs. Delhi Transport Corporation, 2010 (2) KLT 802 (SC) will be 15. The compensation towards permanent disability therefore will be Rs. 81,000/-. We also are of the view that towards the bystander's expenses what is granted by the Tribunal is at the rate of Rs. 100/- per day which we enhance to Rs. 150/- per day for 100 days and the same will be Rs. 15,000/-. For pain and suffering what is granted by the Tribunal is Rs. 15,000/-. He had suffered serious injuries and had been under continuous treatment for a period of 98 days. The appellant being a minor would have suffered much pain and difficulties due to the injury sustained and the treatment undertaken. Therefore, we enhance the same to Rs. 35,000/-.

8. For loss of amenities in life what is granted by the Tribunal is Rs. 5,000/- only. There is permanent disab