JUDGMENT :

1. This case was directed to be listed in the additional cause list vide order dated 02.12.2021, but it has appeared in the daily cause list. Nevertheless, it is on the day's list and is, accordingly, taken up.

2. Heard Mr. T.J.S. Makker, learned counsel for the appellant and Mr. Anshul Baranwal appearing on behalf of the respondents.

3. The appellant was a driver of a truck bearing Registration No. UP 77 A 7454. He was employed to operate the said vehicle by one Mangali Prasad Gupta, who was the owner of the truck. On 15.05.2013, he was plying the vehicle between Sitapur and Kanpur. When the truck was somewhere about the Police Station-Hasanganj in District-Unnao, a wild animal suddenly jumped onto the road. The driver endeavoured to save the animal, which led him to collide with another truck. The accident led the driver to suffer serious injuries. He sustained fractures to both his lower limbs and presumably to his spine (described in vernacular as 'kamar'). He was rushed to the Medical College at Lucknow. The driver remained admitted to the hospital from 29.05.2013 to 05.06.2013. By the time, he preferred this claim, he was still undergoing treatment. It was pleaded tha