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was not in a position to talk and had suffered severe injuries to his spinal cord, he could not lodge the complaint. That subsequently, his wife made an enquiry with the jurisdictional police and came to know that a complaint had already been lodged by respondent No.1/driver on 18.09.2011 in order to cover his misdeed. That she approached Peenya Traffic Police at Bengaluru and made enquiries. Thereafter, Sub-inspector of Police attached to Peenya Traffic police Station visited his house on 06.04.2012 and recorded claimant's statement. Subsequently, the statement of another eye-witness PW- 3/Gopalakrishna was also recorded and that the investigation was pending consideration when the evidence was given.

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30. The evidence of PW-1 (injured claimant) with regard to the injuries sustained by him is perused by us. According to him, he was an in-patient in Premier Sanjeevani Hospital, Tumkur from 18.09.2011 to 20.09.2011. Thereafter, he was shifted to Sidvin Hospital; he took treatment in the said Hospital till 10.10.2011. He was diagnosed with C6, C7 anterior listhesis with cord compression and paraplegia with weakness of both upper limbs. There was inadequate reflexes and he underwent anterior spinalization for Grade-3 Anterior Listhesis with grade compression with application of anterior spinal plate and fusion of C6 & C7 with iliac bone craft. He underwent Tracheostomy for Tracheal toileting. Further, he was shifted to SDM Ayurvedic Hospital, Udupi and took physiotherapy treatment from 01.01.2012 to 15.06.2012 and 01.04.2013 to 28.02.2014. On being referred by the Medical Board for Disabilities, Victoria Hospital, Bangalore, the District Officer for Welfare for the Disabled, Bangalore Urban District, certified percentage of disability of claimant at 100%, as he had undergone operation for C6-C7, Traumatic Spinal listhesis with Quadriplegia.

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31.2 With regard to claimant's subsequent health condition, it is deposed by PW-2 that, claimant is currently unable to use both hands and legs and he is incapable of any movement without the help of a wheelchair. That, the claimant is permanently disabled from performing day- today functions and leading a normal life. That the claimant needs to be under constant medical treatment and assistance for the rest of his life.

31.3 In his Cross-examination by learned counsel for respondent No.3, which has been adopted by respondent No.2, PW-2 has stated that claimant was taking follow-up treatment in their hospital till that day (03.03.2015). The claimant can breathe and eat, however he has weakness of spinal cord and all four limbs below shoulder. PW-2 has denied the suggestion that the patient with quadriplegia, where there is weakness of all four limbs, can survive for only four to five years. He has categorically stated that since the spinal cord and all four limbs of claimant are damaged irreversibly, the claimant is trolley bound. That, on the basis of damage caused to all four limbs of claimant, PW-2 has assessed disability at

32. Ex.P-2 / discharge summary reveals the initial assessment of injured claimant and course of treatment in the hospital. As per the said particulars, after the accident, claimant was immediately shifted to nearby Premier Sanjeevini Hospital wherein he was given primary care and then he was shifted to Sidvin Hospital Private Limited for further evaluation on 20.09.2011 at 01.15. a.m. He had undergone anterior spinal stabilization for grade III anterior listhesis with cord compression with application of anterior spinal plate and fusion of C6-C7 with iliac bone graft. He also underwent tracheostomy for tracheal toileting and later, he was supportively managed