ABHAY MANOHAR SAPRE, J. - (1.) This appeal is filed by the claimant against the final judgment and order dated 19.03.2015 passed by the High Court of Karnataka Bench at Dharwad in Misc. First Appeal No. 24385 of 2011(MV) whereby the High Court dismissed the appeal filed by the claimant (appellant herein) and affirmed the judgment and award dated 12.04.2011 passed by the Member, MACT-II, Bellary in M.V.C. No.711 of 2010.
(2.) Few relevant facts need to be mentioned hereinbelow to appreciate the question involved in the appeal.
(3.) The appellant was working as a cleaner in a lorry bearing Regn. No.AP-21/V-4682 belonging to respondent No.2 herein. At the relevant time, it was insured with respondent No.1. On 05.12.2004, at about 1.00 p.m. near VGM Factory, Belgal Road, Bellary, when the appellant was standing in front of the abovementioned lorry for the purpose of loading iron ore, the driver of the lorry moved the vehicle without giving any signal or horn and dashed it against him. As a result of which, the appellant sustained facture of both pelvic bones with rapture of urethra and abdomen injuries and other grievous injuries all over his body. The appellant was then taken to VIMS Hospital, Bellary for the medical treatment. The appellant claimed to have spent a substantial sum towards his medical treatment. Due to the aforementioned injuries sustained by the appellant, he has become permanently disabled to do the work which he was doing before the accident. At the time of accident, the appellant was 25 years of age and earning Rs.4000/- per month.;