Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 823 of 2007 Appellant :- Smt. Shikha 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 meagre amount awarded to petitioner for claim of Rs.3,60,000/- from the Insurance Company.
It is submitted that learned Tribunal badly erred in law in awarding Rs. 6,000/- only towards medical expenses and not awarding any amount towards loss of monthly income of Rs. 3,000/- of the claimant.
It is further submitted that appellant-claimant on receiving injuries in her both hands with fractures was first admitted in SMS Hospital Janipur on 9.7.2003, then shifted to Tongia Heart and Central Hospital Jaipur on 10.7.2003 where she remained under treatment till 13.7.2003 and thereafter the claimant was and still is under the treatment in Dr. Greesh Nursing Home, Bulandshahar. In this view of the fact situation, which was amply proved by evidence on record, it is beyond human comprehension that in such prolonged treatment only Rs. 6,000/- would have been spent. It is common knowledge that the private nursing homes through out India do not issue any bill to the patient for the charges claimed and received by them presumably to save income tax. In such situation, the law can not make the victim of an accident to suffer for medical expenses, a claim of Rs. 50,000/- was laid by the appellant- claimant. This amount cannot at all said to be excessive. In this view of the matter the amount of Rs. 6,000/- awarded by the learned Tribunal towards the medical expenses is grossly negligible amount and totally unjustified in law. The law is well settled that the amount of compensation must be just, adequate and reasonable. The learned Tribunal totally ignored this principle of law in awarding only Rs. 6,000/-
It is further submitted that Hon'ble Supreme Court has laid down in Lata Wadhawa Vs. State of Bihar 2003 (2) AWC 1486 (SC) that the monthly income of a house wife is to be taken at Rs. 3,000/- when the claimant remain admitted in the Hospital and was under going treatment she could not perform her house hold duties and thus suffered loss of income.
It is submitted that the claimant had claimed a sum of Rs. 50,000/- 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 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 judgment shall stand modified to that effect.
The amount be deposited by the Insurance Company and recover from owner if breach of policy is proved.
Order Date :- 27.2.2018 AK Pandey