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2018 DIGILAW 3027 (MAD)

JAMILA PATTERSON v. S. RATHINA

2018-09-18

V.M.VELUMANI

body2018
JUDGMENT V.M. Velumani, J. This Civil Miscellaneous Appeal has been filed against the Award passed in MCOP.No.342 of 2004, dated 09.10.2006, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Thirunelveli. 2. The appellant / claimant, has filed the claim petition in MCOP.No.342 of 2004, claiming a sum of Rs. 10,00,000/- as compensation for the injuries sustained by her in the accident, that occurred on 21.09.2003. 3. According to the appellant, while she was travelling in the Car bearing Regn.No.TN 69 H 1363 from Thoothukudi to Marthandam and at that time, the bus bearing Regn. No.KL 01Z 3189 belonging to the first respondent, driven by it is driver in a rash and negligent manner, dashed against the car and caused accident. 4. Before the Tribunal, the second respondent filed counter statement denying all the averments and contended that the accident took place only due to rash and negligent driving of the driver of the car and hence, the second respondent is not liable to pay compensation and prayed for dismissal of the claim petition. 5. The Tribunal considering the pleadings and the evidence let in by the parties, held that the accident occurred only due to rash and negligent driving by the driver of bus belonging to the first respondent insured with the second respondent and considering the nature of injuries, awarded a sum of Rs. 1,70,888/- as compensation to the appellant. 6. Not being satisfied with said Award, the appellant has come out with the present Civil Miscellaneous Appeal. 7. The learned counsel appearing for the appellant contended that though the appellant has produced Ex.P12 original medical bills series, the Tribunal erroneously held that those medical bills are photocopies. The Tribunal having held that since the amounts have already been paid by the TTK Health Care Service Private Limited, the appellant is not entitled to the amount paid by them, erred in rejecting the claim of the appellant based on Ex.P12. He further contended that the Tribunal has rejected the claim petition on the ground that the appellant has produced only photocopies. Due to the injuries suffered by the appellant in the accident, even now, she is getting headache and quite often losses her memory power. 8. I have heard the learned counsel appearing for the appellant and the second respondent and perused the materials available on record. 9. Due to the injuries suffered by the appellant in the accident, even now, she is getting headache and quite often losses her memory power. 8. I have heard the learned counsel appearing for the appellant and the second respondent and perused the materials available on record. 9. From the records, it is seen that Ex.P12 - medical bills is having the seal of TTK Health Care Service Private Limited and the appellant is entitled to the said amount spent towards medical expenses i.e. a sum of Rs. 1,05,000/-, which was paid by TTK Health Care Service Private Limited. Accordingly, a sum of Rs. 1,05,000/- is granted towards medical bills. As far as the future medical expenses is concerned, PW.3 - Doctor has stated that due to the injuries on the head, there is bleeding in the brain and that the appellant suffered various fracture and due to that, she is getting headache and pain in the right hand. Considering the evidence of PW.3-Doctor, a sum of Rs. 20,000/- is granted towards future medical expenses. The Tribunal has considered all the materials on record in proper perspective and awarded various amounts under different heads and the same is just and proper. Accordingly, the award of the Tribunal is enhanced from Rs. 1,70,888/- to Rs. 2,95,888/-. The rate of interest awarded by the Tribunal remains un-altered. 10. The second respondent / Insurance Company is directed to deposit the said sum of Rs. 2,95,888/- together with interest from the date of petition till the date of deposit to credit of MCOP.No.342 of 2004, on the file of Motor Accident Claims Tribunal Principal / Chief Judicial Magistrate, Thirunelveli, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this Judgment and on such deposit being made, the appellant / claimant is permitted to withdraw the award amount with accrued interest and costs on filing proper application before the Tribunal. 11. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.