JUDGMENT

The claimant is the appellant in this appeal. This appeal has been filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai in M.C.O.P.No.2349 of 2012.

2. By the impugned Judgment and decree, the Tribunal has awarded a sum of Rs.1,18,500/- as compensation to the appellant/claimant under the following heads:- 1. Transport to Hospital Rs. 7,000/- 2. Extra Nourishment Rs. 10,000/- 3. Medical Expenses Rs. 5,000/- 4. Attender Charges Rs. 9,000/- 5. Loss of Amenities Rs. 10,000/-

6. Loss of Marital life and Status Rs. 10,000/-

7. Pain and Suffering Rs. 30,000/-

8. Disability of 25% at Rs.1,500/- per percentage Rs. 37,500/-

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Total Rs. 1,18,500/-

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3. The learned counsel for the appellant/claimant submits that the Tribunal has awarded a meagre compensation considering the nature of injuries suffered by the appellant/claimant and therefore prays for enhancement of compensation by anonther sum of Rs.6,00,000/- over and above, a sum of Rs.1,18,500/- awarded by the Tribunal.

4. On behalf of the 2nd respondent/Insurance Company, Mr.J.Chandran, learned counsel submits that the Tribunal has awarded just compensation and therefore the award amount may be confirmed and prays for dismissal of the present appeal.

5. I have considered the arguments advanced by the learned counsel for the appellant and the 2nd respondent and perused the impugned Judgment and decree and the exhibits marked before the Tribunal.

6. This is a case where a minor aged about 4 years met with an accident and had sustained injuries due to the accident. The nature of injuries suffered by the appellant/claimant are as follows:-

(i) Fracture of shaft of left femur of left Thigh Bone (ii) Injury over left hip (iii) Multiple injuries all over the body.

7. The injured minor was treated as an inpatient in the Government Stanley Hospital, Chennai between 18.03.2012 to 22.03.2012 and thereafter has taken treatment as an out patient in the same hospital.

8. The deposition of P.W.1 namely father of the appellant/claimant has stated that a minor finds difficulty in standing and walking continuously. The disability has been assessed as 30% by P.W.3-Doctor as per EX.P10, but the Tribunal has considered only 25% and awarded a sum of Rs.37,500/- towards disability at Rs.1,500/- per percentage. He has deposed that fractured bones have united with muscles and after expanded the muscles and therefore the movements are restricted resulting in difficulty in walking and sitting.

9. In my view, the Tribunal has by and large awarded a fair compensation. The amounts awarded by the Tribunal towards loss of martial life is however required to be enhanced from Rs.10,000/- to Rs.25,000/- under the head of Scar and Discomfort and the amounts towards disability at Rs.1,500/- per percentage is requantified at Rs.50,000/- towards injuries.

10. However, considering the fact that the appellant/claimant was minor, I am inclined to partially enhance compensation awarded by the Tribunal as below:-

In the result, the compensation awarded by the Tribunal is enhanced to Rs.1,47,000/- from Rs.1,18,500/-.

11. The 2nd respondent/Insurance Company, is directed to deposit the amount of compensation of Rs.1,47,000/- together with interest at 7.5% per annum from the date of filing of the claim petition till the date of such deposit within a period of six weeks from the date of receipt of the copy of this Judgment.

12. Since the appellant/claimant is stated to be a minor as was aged only 4 years at the time of filing of the claim petition, award amount C.SARAVANAN, J arb shall be deposited in an i