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Judgment
This Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 23/1/2017 passed by Fourth Motor Accident Claims Tribunal, Gwalior in Claim Case No.272/2014 for enhancement of compensation amount.
It is not out of place to mention here that the New India Assurance Company Limited as well as the Oriental Insurance Company Limited had filed MA 530/2017 and MA No.417/2017 against the same award, which were decided by order dated 7/1/2020. Since notices of this appeal were not issued, therefore, while deciding the liability of the Insurance Company, it was held as under:-
"3. These appeals have been filed by the New India Assurance Company Limited and the Oriental Insurance Company Limited. The claimants have also filed an appeal, which has been registered as MA No.504/2017. Since notices of the appeal filed by the claimants (MA No.504/2017) were not issued, therefore, today hearing of the said appeal has been deferred and the counsel for the respective Insurance Companies have accepted the notice on behalf of their Insurance Company. In these appeals filed by the Insurance Companies they have also challenged the quantum of compensation awarded to the claimants under the miscellaneous head. Since hearing of the appeal filed by the claimants has been deferred and the question of quantum is yet to be decided in that appeal, therefore, in order to avoid any conflicting judgments with regard to the amount of compensation, the grounds with regard to the quantum of compensation raised by the Insurance Company in these appeals is kept open and shall be decided while deciding the appeal filed by the claimants."
Therefore, arguments of the parties on the question of quantum shall be considered in the light of the liberty granted by this Court in MA 530/2017 and MA No.417/2017.
Since, the factum of accident, liability of the parties, is not in dispute, therefore, it is not necessary to consider the facts of the case. It is suffice to mention that in a vehicular accident, which took place on 5-3-2013, the injured Manu Parmar suffered head injuries. The Claims Tribunal has disbelieved the receipts Ex. P. 41 to P. 46 on the ground that they do not bear the signatures of the seller or the Doctor. The Claims Tribunal has awarded Rs. 2850 towards hospital expenses on the basis of receipt Ex. P.51 and in all Rs. 5000 has been awarded towards medical expenses as the Claims Tribunal was of the view that the appellant must have spent some money for purchasing medicines. According to Discharge Ticket Ex. P.39 of J.A. Hospital Gwalior and discharge ticket Ex. P.40 of BIMR Hospital, Gwalior, it is clear that the appellant Manju had remained hospitalized from 5-3-2013 to 9-3-2013. If the receipts Ex. P. 41 to P.46 are considered, then it is clear that they are the receipts of purchase of surgical items. Further the total amount of receipt P. 41 to P.46 is Rs. 3356/- only. Therefore, this Court is of the considered opinion, that the receipts Ex. P.41 to P.46 can be taken into consideration. Therefore, an amount of Rs. 3356/- is awarded in addition to Rs. 5000/- which has been awarded under the head of medical expenses.
Further, the claims Tribunal has awarded Rs. 35,000 towards physical/mental pain and suffering, transportation charges, attendant charges etc. As the appellant had remained hospitalized for 5 days, therefore, the amount of Rs. 35,000/- under the consolidated head of pain and suffering appears to be on lower side, therefore, it is enhanced to Rs. 50,000/-
Thus, the appellant is held entitled for Rs. 50,000/- + 8356 = Rs. 58,356/-. The Claims Tribunal has awarded Rs. 40,000/-. It is enhanced to Rs. 58,365/-. The enhanced amount shall carry the interest @ 6% from the date of filing of claim petition, till realization.
The liability of the Insurance Companies have already been decided in MA No.530/2017 and MA No.417/2017.
With aforesaid modification, the award dated 23/1/2017 passed by Fourth Motor Accident Claims Tribunal, Gwalior in Claim Case No.272/2014 is affirmed.
The appeal succeeds and is Allowed to the extent mentioned above.