SUDEEP Vs. NITHISH SANJEEVA SHETTY

JUDGEMENT

(1.) THIS appeal by the claimant -appellant for enhancement of compensation is directed against the impugned judgment and award dated 13/12/2012 passed in MVC No.184/2012, by the Presiding Officer, Fast Track Court, Udupi, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 4,74,700/ - awarded by the Tribunal with interest at 7% p.a., from the date of petition till payment, as against the claim of Rs. 36,00,000/ -, on account of the injuries sustained by him in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant claims to be aged about 10 years at the time of the accident. He was hale and healthy prior to the accident. That on 29.5.2011 at about 4.00 p.m. the minor appellant was standing on the western edge of NH 66 i.e. in front of Babbuswami Temple, near Guddeanagadi cross, Udayavara village, Udupi, to cross the road towards eastern side, at that time, the driver of the Tata Indica car bearing Reg.No.GJ.1KG.2624 came from Padubidri side towards Udupi in a rash and negligent manner, lost control over the car and hit the minor appellant, proceeded further and dashed against lady. Due to which, appellant sustained grievous head injury. Later he was shifted to Adarsh Hospital, Udupi, where he took treatment as inpatient for 45 days and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.

(3.) IT is the further case of the appellant that, parents of the appellant has spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has lost memory power and completely disoriented and suffered 100% permanent disability. Therefore, appellant has filed a claim petition before the Tribunal through his natural guardian, mother, under Section 166 of M.V. Act, claiming compensation against the respondents.