SRIVASTAVA AND SINGH, JJ.

( 1 ) HEARD the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 2,39,280 as compensation to the claimant-plaintiff-respondent, a driver of the vehicle, aged about 34 years, on account of his having suffered injuries resulting in permanent disability to the extent of 40 per cent in an accident involving the offending motor vehicle bearing registration No. UHN 2452 insured by the appellant.

( 2 ) THE claim of plaintiff-respondent is that claimant Krishan Mehta was engaged as a driver by defendant-respondent, Arya central Transport Company through its proprietor Suresh Kumar Agarwal, Transport Nagar, Meerut to drive the aforesaid vehicle. On 12. 11. 1998 the aforesaid vehicle met with an accident near Modi Nagar while Krishan Mehta was driving the said vehicle in which the claimant and the conductor received serious injuries. The claimant was admitted in the hospital under the supervision of Dr. Ravi Bhagat, who operated his leg and put a plaster over it. The expenditure incurred in the said treatment was paid by the owner of the vehicle, i. e. , defendant-respondent. The claimant was getting s

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