Judgment

S.B. Majmudar, J.-We have heard learned counsel for the claimant-appellant as well as learned counsel for Respondent No. 1-Insurance Company in this appeal. The name of Respondent No. 2, who was the insured of the motor vehicle, has stood deleted and the SLP against him has been dismissed by order dated 14.9.1998 on account of absence of service to him. Hence, the question of statutory liability of the Insurance Company survives for our consideration.

2. The appellant at the age of 15 years met with a serious motor vehicle accident caused by the motor lorry belonging to the insured, the original respondent No. 2 which dashed against the appellant at Shivaji Nagar in Bangalore city on 17.6.1984. He suffered from var­ious injuries which were detected as under :

(i) Fracture of left humerus;

(ii) Lacerated wound on the middle aspect of the left knee 3" wide and suspected fracture of pelvis; and

(iii) cut wound over the lateral aspect of right knee 1/2" X 1/8".

3. After the first aid, the appellant was referred to Orthopaedic wing of Bowring Hospital. One Dr. Hafeezullah treated the appellant and confirmed that the appellant suf