Divisional Manager, Reliance General Insurance Co. Ltd. vs Shri. Arunrao Ramchadra Kulkarni & Ors.

This appeal is preferred by the appellant-Insurance Company against the judgment and order passed by the Motor Accident Claims Tribunal, Kolhapur, (for short “the Tribunal”).

It is contention of learned counsel for the appellant that the Tribunal has granted exorbitant and excessive compensation. The Tribunal has applied multiplier on higher side. There was clear breach of terms and condition of the insurance policy. The accident occurred due to sole negligence of the deceased. The medical expenditure awarded by the Tribunal is on higher side. Hence, requested to allow the appeal.

It is contention of learned counsel for respondent/claimant’s that the deceased was working in Minda Vast Company, Nigoje through B4S solutions Pvt. Ltd. and was earning salary of Rs. 22,709/- per month. The salary slips of the deceased are produced on record. On that basis, monthly income of the deceased is considered which is proper. He further submits that no evidence is produced on record to prove the negligence of the deceased and to show that there was breach of terms and conditions of the insurance policy. He further submits that the deceased was admitted in the hospital for two days. The medical bills in that regard are produced on record. On the basis of medical bills, the Tribunal has awarded medical expenditure. The Tribunal has passed well reasoned order, no interference is required in it and requested to dismiss the appeal.

I have heard both learned counsel, perused the judgment and order passed by the Tribunal.

It is claimant’s case that on 5^th January, 2022, the deceased Sameer was proceeding towards Spicier Chowk from Nigoje, Pune on his motorcycle. When he reached opposite Komal petrol pump at about 11.25 p.m., bus bearing no. MH-12-KQ-2341 came from behind in high speed and gave dash to his motorcycle. Due to dash, Sameer sustained grievous injuries. He was admitted in the hospital but he succumbed to accidental injuries on 7^th January, 2022. To prove negligence of the deceased, driver of the bus did not step into the witness box. Moreover, the offence was registered against the driver of offending bus. Hence, I do not find merit in the contention of learned counsel for the appellant that accident occurred due to sole negligence of the deceased.

To prove the defence that there was breach of terms and conditions of the insurance policy, no evidence is produced on record by the appellant-Insurance Company. Hence, I do not find merit in it. It is claimant’s case that the deceased was 36 years old and was serving in Minda Vast Company, Nigoje through B4S solutions Pvt. Ltd. and earning Rs.22,709/- per month salary. To prove the income of the deceased, the claimants have examined PW-2 Rajesh Kumar Shukla. The salary slips of the deceased are produced on record. The Tribunal has considered monthly income of the deceased at Rs. 20,000/-. I do not find infirmity in it.

While dealing with the medical expenditure, the Tribunal has observed that after the accident, the deceased was initially admitted in general hospital and then Desai Hospital at Bhosari. He was an indoor patient from 5^th January, 2022 to 7^th January, 2022. The respondent-claimants have submitted various medical bills, but the concerned person was not examined to prove the same. The Tribunal has observed that the strict provisions for proving the medical bills is not binding and that the deceased was admitted in the hospital. Hence, the Tribunal has awarded medical bill. I do not find merit in it. In my view, there is no dispute about admitting the deceased in hospital. Hence, medical bill awarded by the Tribunal is proper. Moreover, the Tribunal has awarded interest rate of 7% p.a. on the compensation amount instead of 7.5% p.a. Considering these facts, I pass the following order :

All pending applications, if any, also stand disposed off.