AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is directed against judgment and award dated
11.07.2014 passed by Motor Accident Claims Tribunal, Abu Road,
District Sirohi (''the Tribunal''), whereby, the appellant has been
awarded a sum of Rs. 2,000/- only as compensation for the
injuries suffered by him.
The application was filed with the averments that the
claimant was travelling in the Jeep when the same collided with
the insured vehicle resulting in injuries to him, whereby, he
suffered fracture involving right frontal bone. It was claimed that
the appellant-claimant had to undergo treatment for a long time
that he has suffered permanent disablement.
Based on the averments, compensation to the tune of
Rs. 4,30,000/- was claimed.
The application was opposed by the non-claimants.
On behalf of the claimants, the appellant himself was
examined and he exhibited certain documents.
The Tribunal after hearing the parties came to the conclusion
that though the appellant had suffered injury, however, as the
medical bills in original were not produced, the same indicated
that the amount of medical expenses has been recovered from
elsewhere and based on that rejected the application by awarding
a sum of Rs. 2,000/- towards pain and suffering.
It is submitted by learned counsel for the appellant that the
Tribunal committed error in coming to the conclusion that the
amount of medical expenses was recovered from somewhere else
though there was no such evidence available on record. Further
submissions were made that though the Tribunal came to the
conclusion that the medical expenses were recovered, the
compensation under other heads like for the fracture suffered by
him and other medical related expenses like diet etc. were not
awarded and, therefore, the award impugned deserves to be set
aside/modified.
Learned counsel for the respondent supported the award
impugned. It was submitted that the Tribunal was justified in not
awarding any amount towards the medical expenses and that the
appellant has failed to make out any case of permanent
disablement so as to claim the amount of compensation.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
A bare perusal of the memo of appeal filed by the appellant
indicates that despite a specific finding by the Tribunal regarding
the appellant having recovered the medical expenses from
somewhere else, based on non-production of original documents,
neither the said finding has been questioned as perverse nor any
documents have been produced to counter the said finding of the
Tribunal. In view thereof, the finding of the Tribunal in this regard
cannot be questioned.
So far as the non-award of amount towards the fracture and
pain & suffering etc. suffered by the appellant is concerned,
though there is no medical report available on record except for a
C.T. Scan, wherein, there is a reference of fracture on right frontal
bone, based on the said injury indicated and the fact that the
appellant remained hospitalized for two days, a further lump sum
amount of Rs. 10,000/- is awarded to the appellant.
Consequently, the appeal is partly allowed. The award
impugned is modified to the extent that the appellant would be
entitled to further compensation to the tune of Rs. 10,000/-
alongwith interest @ 6% per annum from the date of application
i.e. 14.08.2008. The amount be paid to the appellant in his
saving bank account.