V.S. DESUPANDE J.- The appellant was employed as a driver by respondent No.1 on his motor-lorry No. MRS 8847. While this lorry was on its way from Bombay to Sholapur on July 3, 1968, it met with an accident. Another lorry MHO 7464, collided with this lorry and the appellant got injuries and was admitted as an indoor patient in J. J. Hospital. His lett leg was required to be amputated up to the knee. The Hospital Authorities assessed his permanent partial disability at 40%. The appellant consulted one Doctor viz. Dr. Katrak, according to whom the permanent partial disability was to the extent of 70%. He found that the amputation was made in a defective manner.

2. The appellant then made an application under section 3 of the Workmen's Compensation Act of 1923 (hereinafter referred to as the Workmen's Compensation Act). He claimed compensation of Rs. 12,600 therein alleging his permanent disability to be total. The employer respondent No. 1 did not contest the claim. At the instance of the claimant, a notice was issued under section 96 (2) of the Motor Vehicles Act of 1939 (hereinafter referred to as the Motor Vehicles Act) to the M/s. Howrah Insurance Co. Ltd., with whom the