A ROBERT Vs. UNITED INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) We have heard learned Counsel for the claimant-appellant as well as learned Counsel for respondent No. 1-Insurance Company in this appeal. The name of respondent No. 2, who was the insured of the motor vehicle, has stood deleted and the SLP against him has been dismissed by order dated 14-9-1998 on account of absence of service to him. Hence, the question of statutory liability of the Insurance Company survives for our consideration.

(2.) The appellant at the age of 15 years met with a serious motor vehicle accident caused by the motor lorry belonging to the insured, the original respondent No. 2 which dashed against the appellant at Shivaji Nagar in Bangalore City on 17-6-1984. He suffered from various injuries which were detected as under:

(3.) After the first aid, the appellant was referred to Orthopaedic wing of Bowring Hospital. One Dr. Hafeezullah treated the appellant and confirmed that the appellant suffered fracture of left humerus. The said fracture was reduced on conservative lines. The appellant's left hand was put under plaster cast for six weeks. On account of the various injuries suffered by him due to the aforesaid motor accident, the appellant filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939. The claim for compensation was for Rs. 2,83,000/- against the insured, driver of the motor vehicle as well as the Insurance Company, the remaining sole respondent in the present case.