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2019 DIGILAW 841 (HP)

Seema Hastu v. National Insurance Co. Ltd.

2019-07-02

SURESHWAR THAKUR

body2019
JUDGMENT : Sureshwar Thakur, J. 1. The disabled claimant standing, aggrieved by the award, rendered, by the learned Motor Accident Claims Tribunal, Chamba, Division Chamba, H.P. (for short "MACT") upon, M.A.C. No. 35 of 2017, has, hence through the instant appeal before this Court, sought enhancement of the compensation amount, assessed there-through, vis-a-vis, her. 2. The disabled claimant, stood entailed, with a 40% disability, as reflected in the disability certificate, borne in Ext. PW-4/A and hence her counsel contends, that, the learned MACT concerned, has failed to assess compensation, (a) qua her, despite, hers remaining hospitalized for six months and, during the afore prolonged period of her hospitalization, hers' being granted earned leave, and, thereupon, on her superannuation, there hence occurring diminutions, vis-a-vis, the period, of leave encashment and, thereupon hers standing entitled, qua monetary values thereof being recompensed. However, the afore submission, addressed before this Court, by the learned counsel for the appellant, is destabilized: (i) as a thorough reading, of her testification, embodied in her affidavit, affidavit whereof stands borne in Ext. PW-1/A and exhibit whereof stood tendered, during the course of her examination-in-chief, rather not, carry any e-choings in tandem therewith nor any documentary evidence, hence stood adduced, with e-choings carried therein, vis-a-vis, the nature, of leave applied, for, by the disabled claimant (b) and it carrying, the concomitant effect, (ii) vis-a-vis, hence gross reductions in the disabled claimants' entitlement, for availing the requisite leave encashment, on her superannuation, standing encumbered hence upon her. 3. Furthermore, the learned counsel for the disabled claimant, also, contends that the afore gross per-centum of disability, entailed upon her, also rendering her, incapacitated to perform, domestic services rather both, during, the prolonged period of her hospitalization, and also subsequent, to her recuperation, and, hence when she was constrained to engage the services, of helping hands: (a) and hence the expenditures, incurred in respects thereof, being also enjoined to be assessed, as compensation, vis-a-vis, her and (b) given there occurring, a, direct nexus, inter-se, the disability entailed, upon her and the domestic services/helps, performing, the, afore hitherto chores, as, stood performed by her. Moreover, the afore submission is also bereft of any vigor, as no echoing, in tandem therewith, stands borne in her affidavit, adduced, into evidence, as Ext. PW-1/A nor any befitting documentary evidence, also stands not adduced rather on record. 4. Moreover, the afore submission is also bereft of any vigor, as no echoing, in tandem therewith, stands borne in her affidavit, adduced, into evidence, as Ext. PW-1/A nor any befitting documentary evidence, also stands not adduced rather on record. 4. Be that as it may, the learned counsel, for the claimant, submits that the learned MACT, had awarded, vis-a-vis, the disabled claimant only, a sum of Rs. 1,88,222/- under, the head "medical expenses" despite, the factum that, the claimant had tendered into evidence, certain exhibited medical bills, carrying therein monetary values, rather beyond the afore amounts. The medical bills, were permitted to be exhibited, by the learned counsel for the insurer and the effect of the learned counsel, for the insurer permitting, hence, exhibition marks being made upon, the afore bills also renders incapacitated, the learned counsel, for, the insurer, to before Court, make any contentions, qua given the amounts, borne in the afore exhibits, being beyond the claim, reared by the claimant, in the claim petition, hence the disabled claimant, being entitled, only to the sums reflected in paragraph-14, of the claim petition. Furthermore, though, the learned counsel for the insurer, has contended, that the disabled claimant, during, the course of her cross-examination, rather voluntarily rendering, a, testification, vis-a-vis the expenses incurred, towards the treatment of her injuries, as stood entailed upon her, especially at private hospitals, being partly reimbursed, to her and (b) therefrom he makes, a contention, that the total of the medical expenditures, borne in the relevant exhibits, being not assessable as compensation, vis-a-vis the disabled claimant, under, the head "medical expenses." However, even the afore submission, cannot be accepted, by this Court, as thereafter, the learned counsel, for the insurer, appearing before the learned Tribunal below, did not ensure adduction into evidence, of documentary evidence qua all the expenditures incurred by her, towards her medical treatment rather standing reimbursed to her and wherefrom, rather, it was fathomable, qua the precise amounts, of, the medical expenses, as, stands borne, in the relevant exhibits, standing not reimbursed to her, or vis-a-vis the precise amounts thereof standing reimbursed to her. Consequently, the effect, of the afore omission, is, qua, the learned counsel, for the insurer being disabled, to contend qua the entire amount, as stands carried, in the relevant exhibits, being not reimbursable to her. Consequently, the effect, of the afore omission, is, qua, the learned counsel, for the insurer being disabled, to contend qua the entire amount, as stands carried, in the relevant exhibits, being not reimbursable to her. Consequently, excepting the amounts, adjudged, vis-a-vis, the disabled claimant, as compensation to her, under the head "medical expenses" the remainders thereof, as borne in the relevant exhibits, also stand assessed, as compensation to her, under the head "medical expenses." 5. For the foregoing reasons, the appeal filed, by the disabled claimant, is in the afore manner hence partly allowed and the impugned award, is in the aforesaid manner, hence modified and the afore modified amount, shall carry thereon interest @ 9% per annum, from, the date of petition, till deposit of the apposite amount. All pending applications also stand disposed of. Records be sent back forthwith.