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Judgment
Age of injured,30 years
Permanent disability(Rs.25,000 + 5000 x 48%)","Rs.2,65,000/-
Medical expenses,"Rs.44,963/-
For hospitalization (2 days x Rs.600),Rs.1200/-
Pain and sufferings (2,66,200 x 25%)","Rs.66,550/-
Total Award,"Rs.3,77,713/-
vehicle, heavy passenger motor vehicle, medium goods vehicle and medium passenger motor vehicle on the basis of 'gross vehicle weight' or 'unladen",
weight' for heavy passenger motor vehicle, heavy goods vehicle, the weight, as the case may be, exceed 12000 kg. Medium goods vehicle shall mean",
any goods carriage other than a light motor vehicle or a heavy goods vehicle; whereas 'medium passenger motor vehicle' means any public service,
vehicle or private service vehicle or educational institution bus other than a motorcycle, invalid carriage, light motor vehicle or heavy passenger motor",
vehicle.,
Thus, the newly incorporated expression 'transport vehicle' in section 10(2)(e) would include only the vehicles of the category as defined in Section",
2(16) - heavy goods vehicle, Section 2(17)- heavy passenger motor vehicle, Section 2(23) - medium goods vehicle and Section 2(24) medium",
passenger motor vehicle, and would not include the 'light motor vehicle' which means transport vehicle also of the weight specified in Section 2(21).""",
In a later judgment rendered by Supreme Court dated 06.03.2018 (Jagdish Kumar Sood V/s. United India Insurance Co.Ltd. & Ors. - Civil Appeal,
No.240/2017) same view is reiterated.,
Therefore, the arguments advanced by learned counsel appearing for the respondent-Insurer cannot be countenanced in the light of the judgment of",
Mukund Dewangan (supra).,
Thus, relying on the judgment in Mukund Dewangan (supra), impugned award to the extent of finding on Issue No.4 absolving insurance company is",
set aside. The appeal is, therefore, partly allowed and the liability to pay compensation shall jointly and severally is fastened on the insurer in addition to",
the registered owner/driver.,
There shall be no order as to costs.,