Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 59 of 2010 Appellant :- National Insurance Company Ltd. Respondent :- Smt. Uma Devi Gupta And Another Counsel for Appellant :- Komal Mehrotra Counsel for Respondent :- A.K.Trivedi,Ashok Kumar Singh,Manoj Kumar Srivastava,Pramod Kumar Srivastava
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
The present appeal is directed against the judgment and award dated 8.10.2009 passed by Motor Accident Claims Tribunal/ District Judge, Chitrakoot, whereby the Tribunal has awarded Rs. 1,48,380/- along-with 6% interest as compensation to the claimant-respondent.
The counsel for the appellant while challenging the award has contended that the claimant-respondent no. 1 has failed to prove the medical bills to the tune of Rs.28,180/. Counsel for the appellant has contended that the Tribunal has acted illegally in awarding Rs.28,180/- towards medical expenses on the basis of bills which were fake. Counsel for the appellant further contended that the insurance company had filed the Investigator report and also produced the investigator to prove that the bills filed by the claimant-respondent no.1 were fake.
Pet contra, learned counsel for the respondent submits that the Tribunal has recorded a finding that the bills submitted by the claimant-respondent no. 1 have been verified by the Investigator and was found to be correct. On the strength of the aforesaid reasoning, the Tribunal has awarded Rs.28,180/- towards medical expenses.
I have considered the rival submissions of the parties.
The Tribunal while awarding Rs.28,180/- has considered the medical bills issued by the Jageshwar Memorial Hospital which contained the seal of the said hospital. The Tribunal further found that DW-1 stated in his deposition that he has not verified the genuineness or correctness of the bills submitted by the claimant-respondent no.1 from Jageshwar Memorial Hospital and on this ground, the Tribunal disbelieve the testimony of DW-1.
It is not disputed that the claimant-respondent no. 1 had undergone treatment in Jageshwar Memorial Hospital and since, DW-1 Investigator of the insurance company had not verified the bills from Jageshwar Memorial Hospital, the Tribunal was justified rejecting the testimony of DW-1.
In this view of the fact, the finding recorded by the Tribunal awarding Rs.28,180/-towards medical expenses are correct and is not liable to be interfered with in appeal.
Thus, for the reasons given above, the appeal lacks merit and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 30.11.2018 Ishan