Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 818 of 2007 Appellant :- Yash Garg @ Priyanshu 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.2,40,000/- 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 appellant sustained multiple accidental injuries including injury on left side of head and claimed Rs. 30,000/- towards medical expenses. The evidence of receiving said injuries was on record by way of a certificate of SMS Hospital Jaipur dated 9.7.2003. When the injuries became uncontrollable in the said Hospital, the appellant was shifted to Tongia Heart and Central Hospital. The appellant remained there for five days and then was brought to Bulandshahar and remain undergoing treatment in Dr. Greesh Nurshing Home Bulandshahar. The effect of the head injury was that the power of memory of the appellant was considerably reduced.
It is further submitted that in view of the above treatment, only a meagre amount of Rs. 30,000/- was claimed towards medical expenses but the learned Tribunal acted wholly illegally in dismissing his claim for want of medical bills in proof of the treatment.
It is further submitted that learned Tribunal badly erred in law in not believing even he injuries sustained by the appellant in the accident for medical treatment whereas the parcha of the SMS Hospital Jaipur was already on record showing the head injuries sustained by the appellant.
It is further submitted that appellant was aged about 7 years when he sustained serious inujuries in the accident and resultantly suffered substantial reduction in his memory. Such reduction or even loss of memory on account of head injury is easily imaginable. Thus, the reduction of memory suffered by the appellant has spoilt his future career.
It is further submitted that learned Tribunal acted wholly illegal in out rightly rejecting the claim petition of the appellant.
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