S.N. Satyanarayana, J.

The third respondent insurance company in MVC No. 975/2010 (Old No. 249/2009) on the file of MACT, Mysore, has come up in this appeal impugning the judgment and award dated 1-4-2011. Though this matter is at the stage of admission, since lower Court record is received, it is taken up for final disposal.

2. Brief facts leading to this appeal are as under :

MVC. No. 975/2010 is filed on behalf of minor boy - Hemanth, aged about 14 years through his next friend and father Sri T. Ramesh. Wherein compensation is sought for the injuries suffered by the claimant in an accident involving TVS Scooty Pep bearing registration No. KA-09/EF-331 and Toyota Qualis bearing registration No. KA-03/C-1267. The said accident has taken place on 27-3-2009 at about 11.40 a.m., at the junction of Hebbal ring road near Bharath Cancer Hospital, Mysore. The said accident is reported to N.R. Traffic Police (V.V. Puram), Mysore, by the rider of TVS Scooty Pep, Nithin s/o L. Nagaraju. Incidentally, TVS Scooty Pep bearing registration No. KA-09/EF 331 is belonging to his father - L. Nagaraju. The claimant is friend of Nithin, who had taken the claimant as pillion on the aforesaid TVS to visit their common friend. While they were coming back after meeting their friend and while they were crossing the ring road near Bharath Cancer Hospital, they were hit by the driver of Toyota Qualis bearing registration No. KA-03/C-1267 belonging to second respondent and insured with third respondent. The accident is said to have caused due to rash and negligent driving of Toyota Qualis, which is said to have dashed against TVS on which claimant and his friend - rider Nithin were travelling. As a result, both minor boys on the two wheeler i.e., the rider and pillion on TVS fell down. Rider of TVS is said to have suffered minor injuries, namely injury to his waist, whereas the pillion is said to have suffered head injury. Immediately, the rider and pillion, were shifted to BGS Hospital, Mysore. Where it is stated that the rider of TVS was given first-aid and claimant was admitted as an inpatient.

3. In the said accident, claimant is said to have suffered following injuries :

1. Severe concussive head injury.

2. Depressed fracture left frontal bone with contusions in left frontal lobe and left capsuloganglionic region with diffuse cerebral edema.

3. Diffuse axonal injury with brain stem injury.

The claimant was admitted to BGS Hospital, Mysore, as an inpatient from 27-3-2009 to 15-5-2009, where surgery was conducted on his head. As there was no improvement in the injuries suffered by claimant, the doctors have felt that no purpose would be served in keeping him in hospital and providing further treatment, hence, discharged him from hospital.

4. In the claim petition, it is contended that claimant is like a living dead person in vegetable condition. His memory is completely lost; he is not in a position to take food voluntarily; food and water is provided to him through a pipe attached to his stomach; claimant is not in a position to stand and walk; does not respond to any commands; mentally appears to be completely unstable and always lying on his back; not able to move on either side. It is further contended that because of injuries suffered in said accident, his parents have spent more than Rs. 2,32,000/- towards hospital charges and Rs. 10,000/- towards charges for assistants appointed to look after the claimant in hospital; another Rs. 30,000/- for conveyance; and Rs. 1,00,000/- for nutritious food is spent for improvement of claimant.

5. It is the case of claimants father that claimant was hale and healthy, he was aged about 14 years at the time of accident. He was a student of Paramananda High School. After the accident, his education has come to an end. The accident which ruined the life of claimant is caused due to rash and negligent drivi