1 S.B.CIVIL MISC. APPEAL NO.417/1998 (Ku.Radha Devi Vs. Nain Singh and ors.) Date of Judgment : 25.9.2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Ajay Gupta, for the appellants. None present for the respondents. This appeal has been preferred by the injured-appellant Ku.Radha Devi for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sikar vide judgment dated 24.1.1998 whereby a sum of Rs.10,000/- was awarded to the appellant-injured by way of compensation for the injuries caused to the child Ku.Radha Devi, aged 5 years in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that though there is no disability certificate produced in the case but the injured sustained fracture of tibia bone and no compensation has been awarded for the loss of pain and suffering as well as for 2 hospitalization of the injured for remained in hospital from 28.8.93 to 4.9.93 as per Ex.9 and again admitted in hospital from 14.9.93 to 15.9.93 as per Ex.10, discharge ticket of the hospital. 5. After hearing the rival contentions, and on going through the award, as also, the record of the case, it is revealed that at the time of accident, injured-appellant Ku.Radha Devi was 5 years of age and she sustained two injuries. One of them was fracture of tibia bone for which no disability certificate has been obtained in the case. The learned Tribunal has awarded only Rs.10,000/- for the injury sustained but no amount has been awarded for pain and suffering as well as for the period of hospitalization & treatment of child, therefore, additional sum of Rs.5,000/- for pain and suffering and Rs.5,000/- for hospitalization deserves to be awarded. 6. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount 3 of compensation to the tune of Rs.10,000/- from the date of appeal i.e. 21.4.1998, with 6% interest to be paid within three months and thereafter future will be payable @9% per annum. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.h-13