B RAGHAVENDRA ALIAS RAGHU Vs. M D SALEEM

JUDGEMENT

(1.) THOUGH this appeal is posted in orders list, with the consent of the learned counsel appearing for both the parties, it is taken up for final disposal.

(2.) THIS appeal by the claimant is directed against the impugned judgment and award dated 26th October 2013, passed in MVC No. 464/2010, by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal - IV, Chitradurga, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 4,91,400/ -, awarded in his favour as against his claim for Rs. 28,00,000/ -, is inadequate.

(3.) THE appellant claims to be aged about 24 years and represented by his elder brother, as he is unsound mind. It is stated that the appellant was earlier working as an Instructor in Adventure activities and also doing electronics work, earning a sum of Rs. 9,000/ - per month. He was hale and healthy prior to the date of accident. That at about 4:20 A.M., on 25 -01 -2008, when the appellant and others were travelling in Maruthi Gypsy in order to go to Koppal District, to give their program, near Salunchimar village, a Lorry bearing Registration No.AP -13/W -6034, driven by his driver in a rash and negligent manner, without observing traffic rules, from opposite direction, came at a high speed, in a rash and negligent manner and dashed against the Maruthi Typsy. As a result of the same, two persons died on the spot and several persons including the appellant herein sustained grievous injuries. Immediately, the appellant was shifted to Karatagi Hospital and also S.S. Hospital, Davanagere and NIMHANS, Bangalore, where he took treatment as in -patient. It is further stated that he has suffered mental disorder and due to that he is unable to do any work and also unable to identify the persons and has become a burden to the family members and they have 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.