MAHADEVPRASAD S. Vs. R. RAVISHANKAR, DR. S. RANGANATHAIAH AND NEW INDIA ASSURANCE COMPANY LIMITED, REP. BY ITS MANAGER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 8th July 2011, passed in MVC No. 134/2009, by the I Additional Senior Civil Judge, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,75,900/ -, awarded in his favour as against his claim for Rs. 63,54,000/ -, is inadequate. The appellant claims to be aged about 19 years and a coolie by profession and also doing milk vending business, owning two cows, earning a sum of Rs. 12,000/ - per month. He was hale and healthy prior to the date of accident. That at about 22:10 P.M., on 14 - 10 -2008, when the appellant was going back home along with a pillion rider, near Police Bhavan Road junction, Lalithamahal Road, Mysore City, after watching Yuva Dasara in the vehicle of his brother -in -law, i.e. TVS Victor bearing Registration No. KA -54/E -6438, at that time, a Car bearing Registration No. KA -09/M -6438 came from Kurubarahalli circle in opposite direction in a rash and negligent manner and dashed against the said TVS Victor as a result of which, the appellant and the pillion rider fell down and sustained grievous injuries on their body and they were immediately admitted to K.R. Hospital, Mysore and the appellant took treatment as in -patient from the date of accident till 01 -11 -2008 on account of the permanent disability sustained and fracture of his right leg.

(2.) IT is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated adequately.

(3.) WE have heard learned counsel for appellant and learned counsel for third respondent/Insurance Company for considerable length of time.