J U D G M E N T The claimant preferred this appeal having not satisfied with the compensation awarded by the District Judge-cum-Motor Accident Claims Tribunal, Chittor, in M.V.O.P.No.537 of 1991, dated 05-12-1996. 2. The case of the claimant is that on 09-06-1991 at about 5 p.m. while he was proceeding on a bicycle towards Tirupathi side, the bus bearing No.TCB 3627 came in a rash and negligent manner from Chittor side and dashed against the bicycle of the petitioner from behind. As a result of that impact, he fell down on the road and sustained grievous injuries to his head, his right thie and other injuries all over the body. He was immediately admitted to the Government Hospital, Chittor, where he was treated from 09-06-1991 to 17-06-1991. Thereafter, he was admitted in S.V.R.R. hospital, Tirupathi. Since, he could not recover from, the injuries there, he was shifted to Government General Hospital, Madras, where he took treatment for some time, to dissipated muscles in the right hand. Thereafter, the claimant, being minor, represented by his mother filed this petition claiming compensation of Rs.2,00,000/- by stating that he is earning Rs.35/- to 40/- per day, though by that time he did not become major, the plea of the respondents is one of denial. 3. To proved the case of the claimant, his mother was examined as P.W.1 and also examined P.Ws 2 to 4. P.W.2 is an eye-witness, P.W.3 Y.Prabhavathi is Deputy Civil Surgeon, Government Hospital, Chittor. P.W.4 is a private Doctor, who has given disability certificate. On his behalf, Ex.A-1 certified copy of F.I.R., Ex.A-2 certified copy of wound certificate, Ex.A-3 Xerox copy of O.P. chit, Ex.A-4 discharge summary, Ex.A-5 note book maintained by Government Hospital, Madras, Ex.A-6 X-ray, Ex.A-7 disability certificate issued by P.W.4, and Ex.A-8 case sheet maintained by the Government Hospital, Chittor, were marked. On appreciation of both the oral and documentary evidence available on record, the Tribunal awarded Rs.85,000/-,with interest 12% per annum. Aggrieved by the said award, the present appeal is filed. 4. Now the claimant filed C.M.P.No.6482 of 2004 under Order 13 Rule 2 C.P.C. read with Section 151 C.P.C. to receive the medical prescriptions and the bills issued by Christian Medical College and Hospital, Vellore, from the beginning of March, 1999, after M.V.O.P. was disposed of. 5. Aggrieved by the said award, the present appeal is filed. 4. Now the claimant filed C.M.P.No.6482 of 2004 under Order 13 Rule 2 C.P.C. read with Section 151 C.P.C. to receive the medical prescriptions and the bills issued by Christian Medical College and Hospital, Vellore, from the beginning of March, 1999, after M.V.O.P. was disposed of. 5. The learned counsel appearing for the respondent though taken time to file counter, could not file the same. In fact, even if he files a counter, he cannot deny the fact of the injury suffered by the claimant, which is visible to the naked eye. 6. In fact, the claimant appeared in this Court and I could see that except bone, the muscles on the entire hand, were dissipated and he submits that as per the version of the Doctors, due to the injury received behind the ear on the head, the muscles started dissipating and he was forced to run from pillar to post to prevent the delay of the muscles, but of no vain. I have no hesitation to hold that the claimant suffers 100% disability, whereas as per the Ex.A-7 disability certificate, P.W.4 estimated the permanent disability at 60%. If I do not allow this application, I will be doing great injustice to him, as he will not be subject to severe loss compensated in terms of money commensurating the physical disability suffered by him due to the accident. 7. Hence, this application is allowed and the documents filed along with this application were marked as Ex.A-10 series commencing from 10 (a) to 10 (j). 8. Having not found the Ex.A-5 note book maintained by the Government Hospital, Madras, Ex.A6 X-rays, Ex.A-7 disability certificate and Ex.A-9 X-rays, I got a letter written by the Registry to the District Judge, Chittor, to send those documents. The District Judge in his letter dated 11-03-2004 informed this Court that Ex.A-5 to A-7 and A-9 were not indexed in the record and hence, they are not immediately traced. 9. Be that as it may, from the wound certificate Ex.A-2 and the case sheet maintained in Government Hospital, Chittor, as well as S.V.R.R. hospital, Tirupathi, it is seen that he received head injury as well as fracture in the right thigh at feminer in middle third of shaft, apart from the injury behind the back of the ear. 9. Be that as it may, from the wound certificate Ex.A-2 and the case sheet maintained in Government Hospital, Chittor, as well as S.V.R.R. hospital, Tirupathi, it is seen that he received head injury as well as fracture in the right thigh at feminer in middle third of shaft, apart from the injury behind the back of the ear. Though, the claimant did not file the entire medical record in the proper form in the Court, from the record available in the court it is not difficult to hold that the petitioner was treated as an in-patient in the Government General Hospital, District Headquarters at Chittor, from 09-06-1991 to 17-06-1991 and thereafter from 17-06-1991 to 31-07-1991 in S.V.R.R. Hospital, Tirupathi. Though subsequently, he also underwent treatment at Government General Hospital, Madras, since case sheet of the said hospital is not available, it is difficult to say for how many days he was treated in the Government General Hospital, Madras as inpatient. Since the muscles in the right hand started dissipating slowly, he has been referred to Christian Medical College and Hospital, Vellore, for further treatment in 1999. 10. Though P.W.4 doctor opined that the claimant suffered only 60% disability at the time of issuing the certificate, to my mind the permanent disability suffered by him is 100% since the right hand became completely useless. Just a bone covered with skin is hanging from the shoulder down to the fingers and he cannot even eat food with that hand with a fond hope he seemed to be undergoing treatment to regain the lost muscles. Hence, permanent disability is assessed at 100% and on that premise I proceed to decide the compensation payable to the claimant. 11. While the claimant and his mother stated that he was aged about 15 years at the time of accident, the court below fixed the age of the claimant at 9 years and it is not known on what basis it has been done. I have seen the boy and he became major as on today and he looks more than 20 years old. Hence, I hold that the Tribunal erred in holding that the age of the claimant was only 9 years at the time of accident. I have seen the boy and he became major as on today and he looks more than 20 years old. Hence, I hold that the Tribunal erred in holding that the age of the claimant was only 9 years at the time of accident. I am of the opinion that at the time of accident the age of the claimant may be 13 to 14 years, but not 9 years as estimated by the Tribunal. 12. P.W.1 categorically stated that he was doing retail business in vegetables and he was earning Rs.30/- per day. There is no cross examination on this aspect. Hence, I hold that the boy is eking out his livelihood by selling vegetables in retail. When once that position is accepted, it is not difficult to hold that he is earning Rs.30/- per day. At any rate, if a minimum of Rs. 25/- per day is taken as his earning, it comes to Rs.750/- per month, and per year it works out to Rs.9,000/-. The multiplier to be applied in case of teenagers for less than 15 years is 15. Hence, his loss of earnings comes to Rs.1,35,000/-. 13. From the material available on record it is seen that from the date of accident he was in the hospital for 8 days in Chittor and the thereafter 45 days in Government hospital, Tirupathi and thereafter in Madras. Since note book maintained by the Government Hospital marked as Ex.A-5 is found missing in court records, it cannot be definitely said that for how many days the claimant was in the hospital. After passing of the award also, the claimant stayed as an in-patient in Christian Medical College and Hospital, Vellore, from 08-03-1999 to 14-03-1999 where he was operated once again and thereafter, continuously attending hospital for treatment. Of course, the Tribunal has given Rs.20,000/- for pain and suffering. The compensation amount that is awarded towards pain and suffering, is not commensurate to the pain and suffering for which the claimant was subjected to all these years, therefore, I am inclined to award some more amount than what the Tribunal awarded towards pain and suffering. So, I feel that it is just and proper to award atleast Rs.30,000/- towards pain and suffering. 14. For medical expenses also the Tribunal awarded Rs.5,000/- which is very less. Hence, I am inclined to award Rs.25,000/- towards medical expenses and for extra nourishment. So, I feel that it is just and proper to award atleast Rs.30,000/- towards pain and suffering. 14. For medical expenses also the Tribunal awarded Rs.5,000/- which is very less. Hence, I am inclined to award Rs.25,000/- towards medical expenses and for extra nourishment. In all a compensation payable under heads works out Rs.1,90,000/- and this amount shall carry interest at the rate of 9% from the date of filing of the M.V.O.P. till the date of realization. 15. Accordingly, the award of the Motor Vehicle Accidents Tribunal, Chittor, in M.V.O.P.N0.537 of 1991 is set aside and the appeal is allowed to the extent indicated above. In the circumstances, no order as to costs. 16. Before parting with the case, I would like to observe that had the advocate appearing for the claimant had taken a little care in producing of the medical prescriptions, medical bills and examined the Doctors, who treated the claimants at various hospitals either by summoning them to the Court or by a commission getting appointed for the purpose, I am sure the claimant would have got much more compensation. I could only pass orders on the material available on record. If any amount is deposited by the respondent and withdrawn by the claimant, the Tribunal has to deduct the same before settling the claim to the full satisfaction of the award. The respondents shall deposit the amount in the court within four weeks from the date of receipt of a copy of this order. 17. In the result, C.M.P.No.6482 of 2004 is ordered and the appeal is allowed to the effected indicated. --X--