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Rajasthan High Court · body

2010 DIGILAW 803 (RAJ)

R. S. R. T. C. v. Hanuman Singh

2010-04-09

DALIP SINGH

body2010
Hon'ble SINGH, J.—Heard learned counsel for the parties. 2. This is an appeal by the Rajasthan State Road Transport Corporation against the award passed by the M.A.C.T., Jaipur wherein the learned counsel for the appellant has raised the contention that the learned Tribunal has erred in awarding an amount of Rs.57,000/- on account of expenditure incurred by way of Exhibit-13 to Exhibit-139 which are the medical bills submitted by the claimant for the treatment received in respect of the injuries suffered by the claimant in the accident. 3. The submission of the learned counsel for the appellant is that the aforesaid amount of Rs.57,000/-which was the amount spent by the claimant for medical expenses must have been reimbursed to the claimant since he was an employee of the Municipal Corporation, Jaipur. 4. Learned counsel for the respondent-claimant informed the court, as per the information available with him, that the respondent-claimant has submitted the original bills before the learned Tribunal and, therefore, he has not been able to claim any reimbursement of any amount amounting to Rs.57,000/-, which has been awarded by the learned Tribunal. 5. In the facts and circumstances, therefore, with a view to resolve the aforesaid issue, it is directed that the amount of Rs.1,07,000/- which has been awarded by the learned Tribunal along with interest as awarded by the Tribunal to the claimant shall be deposited by the appellant with the learned Tribunal. The learned Tribunal shall release the aforesaid amount to the claimant upon the claimant furnishing a certificate or any document issued by the Chief Executive Officer of the Jaipur Municipal Corporation to the effect that the claimant has not been reimbursed for the amount of Rs.57,000/- for the expenses incurred under the Exhibit-13 to Exhibit-139. If such a certificate is issued, the entire amount of Rs.1,07,000/- shall be paid to the claimant with interest thereon, as awarded by the learned Tribunal. In case the respondent-claimant fails to produce the said certificate before the learned Tribunal, the learned Tribunal shall deduct the amount of Rs.57,000/- from Rs.1,07,000/-, awarded by the learned Tribunal, and pay the balance amount with interest, as awarded by the learned Tribunal, to the claimant. The appellant shall deposit the aforesaid amount within thirty days, if not already deposited. 6. In view of the above, the appeal as well as the stay application stand disposed of.