This Civil Miscellaneous Appeal has been filed against the judgment and decree made in M.C.O.P.No.1652 of 2002 on the file of Motor Accidents Claims Tribunal (Fast Track Court No.II), Tirunelveli dated 12.12.2003.
2. The brief facts of the case are as follows:
The appellant filed claim petition seeking compensation of Rs.12 lakhs for the injuries sustained by him in an accident occurred on 04.09.2002. The respondents 2 and 3 resisted the claim of the appellant/claimant by filing separate counter affidavits. To prove their case on the side of the claimants, 2 witnesses have been examined and nine documents were marked. But no oral and documentary evidence was adduced on the side of the respondents. The Tribunal after considering all the documents and the evidences of the witnesses came to the conclusion that the second respondent is liable to pay Rs.2,44,000/- along with interest at 9% per annum and costs, to the claimant as compensation. Against, which, the claimant filed this appeal seeking enhancement of compensation.
3.During the pendency of the appeal the appellant/claimant has filed M.P.No.1 of 2009 under Order 41 Rule 27 of C.P.C, to receive the medical bills as additional documents, which were given at the time of treatment in the hospital due to the accident took place on 04.09.2002 at 06.15 hours on the Tenkasi to Madurai Main Road east of Valiammalpuram. The said medical bills, treatment certificate and discharge summary from Thiraviam Orthopaedic Hospital and bills from different medical stores have been filed along with the application in the year 2009 and the claimant would submit that already those documents were produced before the Transport Corporation/third respondent and since, the entire liability was fixed on the second respondent/Insurance Company, the third respondent returned the entire bills to the claimant. Hence, the claimant request this Court to receive those bills as additional documents, otherwise, the claimant will be put to irreparable loss and hardship.
4.The learned counsel appearing for the Transport Corporation would submit that the appellant was aware of all these facts and that all the related documents have been produced before the Transport Corporation and he request the matter to be dealt in detail and witnesses have to be cross- examined to substantiate their claim regarding the documents. Hence, he prays this Court to remit the matter back to the lower Court. The learned counsel for the appellant would further submit that the original file is before this court and the same may be returned to him, after replacing them with the copies.
5.In view of the above, this Court is of the view that the matter needs further adjudication regarding the medical bills and therefore, it is necessary to remit the matter back to the lower Court.
6.Accordingly, without going into the merits of the case, CMA(MD)No.539 of 2007 and MP(MD)No.1 of 2009 are disposed of giving liberty to the parties concerned to raise their pleas before the Tribunal. The Tribunal is directed to conduct the trial regarding the documents which were filed along with M.P.(MD)No.1 of 2009 herein and decide the issue, within three months from the date of receipt of a copy of this order after giving reasonable opportunity to all the parties concerned, as per law. No costs. Consequently, connected Miscellaneous Petition is closed.
7.At the time of trial, original documents may be required to be produced before the Trial Court, when necessity arises. Hence, Registry is directed to hand over the original documents filed along with M.P.(MD)No.1 of 2009, to the appellant, to be produced before the lower Court and the originals will be replaced by the copies, before this Court.
To
1.The Motor Accidents Claims Tribunal, (Fast Track Court No.II, Tirunelveli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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