IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
MACA NO.3749 OF 2019
AGAINST THE COMMON AWARD DTD.25/02/2019 IN OP(MV) 1340/2016
OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD
APPELLANT/PETITIONER:
M .KABEER,
AGED 53 YEARS
S/O.MOHAMMED RAWUTHER, THEEPARAMBU, POOTHANNUR,
MUNDUR, PALAKKAD, KERALA.
BY ADV BABY MATHEW
RESPONDENT/3RD RESPONDENT:
IFFCO TOKIO GENERAL INSURANCE CO.LTD.,
REP. BY ITS MANAGER, PLOT NO.3, SECTOR 29 GURGAON,
HARYANA - 122 001.
(INSURER OF CAR BEARING REG.NO.KA-22/P 5344),
(PROPOSAL NO.P2429119 & 11-11-14) (PERIOD OF
INSURANCE 13/11/2014 TO 12/11/2015).
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA No.3749 of 2019 2
SOPHY THOMAS, J.
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M.A.C.A No.3749 of 2019
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Dated this the 24th day of June, 2022
JUDGMENT
This appeal has been preferred by the claimant in O.P (MV) No.1340 of 2016 on the file of Motor Accidents Claims Tribunal, Palakkad, challenging the quantum of compensation awarded under various heads, especially the compensation for medical expenses.
2. The appellant contended that, he had sustained concussive head injury, fibular collateral leg bone avulsion right knee, laceration right knee and he was treated at Paalana hospital, Palakkad and later at Moulana hospital, Perinthalmanna. Ext.A14 is the discharge certificate from Paalana hospital and Ext.A15 is the discharge certificate showing that he was treated there as an inpatient for five days for concussive head injury. Ext.A16 is the discharge summary issued from the orthopedic department of Paalana hospital, Palakkad showing that he was having fibular collateral leg bony avulsion right knee with MACA No.3749 of 2019 3 laceration over the right leg. Ext.A17 is the discharge summary issued from the Moulana hospital, Perinthalmanna showing that he was treated there as an inpatient for eight days i.e. from 13.09.2015 to 20.09.2015, for disc prolapse. The accident was on 21.07.2015. According to the appellant, he was admitted in Moulana hospital, Perinthalmanna for disc prolapse which he had suffered in connection with the road traffic accident occurred on 21.07.2015.
3. Learned Tribunal, on verifying the medical bills, found that, the medical bills issued from Moulana hospital for disc prolapse had no connection with the injuries suffered by the appellant in the accident. So, the discharge bills produced as Sl.No.43 and the medical bills issued from Moulana hospital, Perinthalmanna were not honoured by the Tribunal.
4. The appellant vehemently argued that, he suffered disc prolapse in connection with the accident only, and he could prove it by examining the doctor who treated him at Moulana hospital. For that purpose, he wants to get a chance, for which his prayer is to remand the case for adducing further evidence.
5. Learned Tribunal, finding that the disc prolapse treated MACA No.3749 of 2019 4 at Moulana hospital had no connection with the injuries suffered by the appellant in the accident, not honoured the medical bills issued from that hospital.
6. If the appellant is so confident that he could prove through medical evidence that the disc prolapse suffered by him was consequential to the road traffic accident he had met with, a chance has to be given to him to prove the same. So the impugned award of the Tribunal is set aside, and the matter is remanded for affording an opportunity to the appellant to adduce additional evidence, if any, to prove his case.
Since this being a case of the year 2016, learned Motor Accidents Claims Tribunal, Palakkad is directed to dispose the case within a period of two months from the date of receipt of a copy of this judgment. The respondent/Insurance Company shall also be given an opportunity to cross examine the witnesses, if any, examined from the side of the appellant.
This appeal is disposed of as above. No order as to costs.
Sd/-
SOPHY THOMAS JUDGE smp