INDU MALHOTRA, J. - (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 and thereafter, in KIMS Hospital, Hubli between 17.06.2006 and 26.08.2006. ;