JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The present Civil Appeal has been filed by the Appellant – Claimant for enhancement of the compensation awarded to him by the Karnataka High Court (Dharwad Bench) under the Workmen’s Compensation Act, 1923.

2. The Appellant – a driver of heavy vehicles, was employed by one Sekar Santharam. On 13.05.2006, while he was driving a truck bearing No. MH-08H-0390 loaded with sand from Islampura towards Ratnagiri, he lost control of the truck due to an axle cut, and dashed against a rock on the side of the road.

As a consequence, the truck turtled thrice, and the Appellant suffered grievous injuries all over his body. The truck was insured with the Respondent – Insurance Company.

3. The Appellant suffered from serious injuries in his right leg by an Anterior Cruciate Ligament and a Collateral Ligament Tear. Plastic surgery was performed on his right leg. This led to his right leg getting permanently injured, which resulted in complete disability to continue his vocation as a driver of a heavy motor vehicle.

The Appellant underwent hospitalization for a total period of 65 days, first in Government Hospital, Ratnagiri between 13.05.2006 and 01.06.2006