Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 821 of 2007 Appellant :- Smt. Hina Garg Respondent :- Bahadur Singh Mina & Others Counsel for Appellant :- Anju Shukla,Nigamendra Shukla
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Nigamendra Shukla, learned counsel for the appellant and Sri Ajay Singh, learned counsel for the respondents.
This appeal is at the behest of appellant-claimant, who is aggrieved by the rejection of the claim whereas claim of Rs.3,60,000/- for the Insurance Company, which he has sustained when he was a minor through his guardian.
It is submitted that learned Tribunal grossly erred in law in rejecting the claim petition of the appellant claimant causing grave miscarriage of justice.
It is further submitted that learned Tribunal badly erred in law and misdirected itself in not awarding Rs. 1,00,000/- as claim towards medical expenses and awarded only Rs. 71,00/- on this count. It is on record that the appellant claimant received multiple accidental injuries including fracture in three ribs and head injury. It is hardly believable that for the treatment of such serious injuries only amount of Rs. 71,00/- would be spent as awarded by the learned Tribunal. The claim of Rs. 1,00,000/- towards medical treatment was not at all exorbitant or excessive or unreasonable and the appellant is entitled to the said amount.
It is further submitted that when the claimant received serious head injuries resulting into loss of her memory, the learned Tribunal grossly erred in law causing grave miscarriage of justice in not awarding any amount for the loss of earning capacity due to loss of memory suffered by the appellant on account of head injury sustained in the accident. It is common knowledge that person who has lost his memory cannot do anything and is totally incapacitated.
It is further submitted that appellant was a house wife and was 27 years of age when claim petition was filed. In Lata Wadhawa Vs. State of Bihar 2003 (2) AWC 1486 (SC), Hon'ble Supreme Court has held that the monthly income of even a house wife is to taken at Rs. 3,000/-. In this view of the matter the appellant is entitled to adequate amount compensation on this count.
It is submitted that the claimant had claimed a sum of Rs. 30,000/- for medical expenses and a certificate of SMS Hospital, Jaipur dated 9.7.2003 was already filed. The appellant was shifted to Tongia Heart and Central Hospital thereafter undergoing treatment in Dr. Greesh Nurshing Home Bulandshahar. The power of memory of the appellant was reduced, however, unfortunately no medical bills were produced before the Tribunal now they are produced here. However going through these facts that he was in hospital for considerable period of time and a sum of Rs. 50,000/- with 9% rate of interest from the date of filing of the claim petition till award and 4% thereafter is awarded.
This appeal is partly allowed.
The amount be deposited by the Insurance Company and recover from owner breach of policy is proved.
Order Date :- 27.2.2018 AK Pandey