JUDGMENT

Ashok Kumar Ganguly, J.

1. Leave granted.

2. The Appellant-claimant was a driver-cum-cleaner of lorry bearing No. HR 38 F 8781 and the same was stopped in front of WIPRO company at Ring Road on 31.12.2001, when at about 9 a.m., driver of the lorry bearing No. TN 34 A 2994 dashed against the Appellant. The Appellant sustained multiple injuries and was rushed to Sanjay Gandhi Hospital and then to Victoria Hospital.

3. The Appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 4 lacs as compensation.

4. The Motor Accident Claims Tribunal (MACT) concluded that the accident occurred due to actionable negligence of the lorry driver bearing No. TN 34 A 2994 as a result of which the Appellant sustained injuries.

5. Before the MACT, it was found that the Appellant sustained compound type 3-A fracture of left femur, compound type-2 supra condylar fracture of left femur and fractured right pubic bone for which he had to undergo operation and treatment in the hospital. The doctor assessed permanent disability of 86% to the left lower limb and 43% to the whole body. As a result of the injuries, the Appellant was unable to walk, sit or stand without su