M. AJAY Vs. VENKATESHWARA HATCHARIES PVT. LTD.

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 28th October 2010, passed in M.V.C.No.1224/2009, by the Presiding Officer, Fast Track Court-III, Mysore, (for short, Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs.6,15,000/-, awarded by Tribunal in his favour as against his claim for Rs.75,00,000/-, is inadequate.

(2.) The appellant claims to be aged about 19 years and prosecuting his studies in II Semester Engineering at VTU. He was hale and healthy prior to the date of accident. That at about 9:30 A.M., on 26- 02-2007, when the appellant was moving on his motor cycle bearing Registration No.KA-09/EC-4356 towards Nanjangud, near Kadakota, K.E.B. Cross turning, he met with an accident on account of rash and negligent driving by the driver of a Goods Tempo bearing Registration No.KA-9/A-7303, which was coming from the opposite direction, at a high speed, in a rash and negligent manner. Due to the impact, the appellant fell down along with the vehicle and sustained head injury and became unconscious. Immediately, he was shifted to J.S.S. Hospital, Mysore and thereafter to B.G.S. Apollo Hospital for better treatment.

(3.) It is the case of the appellant, still he has not recovered from the grievous head injury and other injuries sustained in the road traffic accident and that his parents 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.