P. D. DESAI, J. :- 1-2. x x x x x x x x

3. The claimant-appellant is the injured person and the claim for compensation arose out of an accident which occurred on Oct. 10, 1974 at about 5 or 5-30 P. M. on National Highway No. 8 near the spot where the road from village Chalthan meets the highway. The appellant, aged about 12 or 13 at the material time, was residing at village Kadodra with his maternal uncle. Village Chalthan is at a distance of about 3 furlongs from village Kadodra. There is a High School in village Chalthan and the appellant was studying in the said High School. On the day in question he was returning from the High School and going to his maternal uncle's house at village Kadodra. He was in the company of about 6 or 7 schoolmates. A truck bearing No. GTC 8706 owned by the first respondent and driven by the second respondent came from behind and knocked down the appellant. It appears that at the spot of the accident there was a mile-stone and that the appellant's legs were crushed between the vehicle and the mile-stone against which the truck ultimately dashed. The appellant was taken to the Civil Hospital at Surat for treatment. He was hospitalized there from Oct. 10, 1974 to Oct. 23, 1974. The appellant was then removed to the Vadilal Sarabhai Hospital at Ahmedabad where he was admitted on Oct. 24, 1974. The appellant was confined to the hospital up to March 12, 1975. The appellant was again admitted in the Vadilal Sarabhai Hospital on April 15, 1975 and discharged on October 10, 1975. There was a further period of confinement in the same hospital from Nov. 27, 1975 to Jan. 13, 1976. On Feb. 21, 1976 the appellant was again admitted in the same hospital and he was in the hospital on March 6, 1976 on which day Dr. M. M. Desai, an Orthopaedic Surgeon, under whose treatment the appellant was all throughout the period of hospitalization at Ahmedabad gave his evidence at the trial. During this entire period of hospitalization, the appellant was given intensive treatment and he underwent surgical operations. On the day on which Dr. Desai gave his evidence, he estimated permanent disability in the right leg to the extent of 50 to 55 per cent and 10 to 15 per cent in the left leg. According to the doctor, the appellant needed further treatment for a period of one year and even after taking such treatment, the difference in the permanent disability would be only to the extent of 5 per cent.

4. The appellant filed the claim petition out of which this appeal arises on March 21, 1975. In the claim petition, the appellant claimed total compensation in the sum of Rs. 80,000/-. The claim was broadly split up under two heads: first, an amount of Rupees 15,000/- was claimed as special damages for expenses already incurred on medical treatment, diet and transportation charges, and, secondly, the balance amount of Rs. 65,000/-was claimed as general damages for pain and suffering, loss of amenities and enjoyment of life, social discomfiture, loss of career and prospective earning capacity and costs of future nursing, etc.

5. The Tribunal, upon appreciation of evidence on record, came to the conclusion that the truck in question was being driven at the material time by the second respondent in the course of his employment and that the accident occurred on account of his rashness and negligence. As regards compensation, the Tribunal awarded Rs. 6000/-for pain and suffering, Rs. 8000/- for medicals expenses and Rs. 9000/- for prospective economic loss. In all, as earlier stated, an award to the sum of Rs. 23000/- was accordingly made.

6-12. x x x x x x x x

13. The evidence discussed above, which we accept unhesitatingly, establishes that the injuries received by the appellant in the course of the accident were extensive and that their after-effects will persist throughout the life of the