Srihari Ghosh vs The Oriental Insurance Co. Ltd. & ...
2021 Latest Caselaw 5020 Cal

Citation : 2021 Latest Caselaw 5020 Cal
Judgement Date : 24 September, 2021

Calcutta High Court (Appellete Side)

Srihari Ghosh vs The Oriental Insurance Co. Ltd. & ... on 24 September, 2021

24.09.2021
  ss

                                F.M.A. 546 of 2017
                                     I.A. CAN 1 of 2021
                               ( Via Video Conference )

                                     Srihari Ghosh
                                           Vs.
                          The Oriental Insurance Co. Ltd. & ors.


                   Mr. Ali Imam Shah
                                         ...For the Appellant/claimant
                   Mr. Sanjay Paul
                               ... For the respondent No.1/Insurance Co.

The instant appeal is directed against the

judgment and award dated June 18, 2014 passed by the

learned Judge, Motor Accident Claims Tribunal, 5th

Court, Burdwan, Purba Bardhaman in MAC Case No. 41

of 2012/300 of 2012 in a claim under Section 166 of the

Motor Vehicles Act, 1988 for injury of Sri Hari Ghosh in

road accident occurred on 27.11.2011.

The claim was filed under Section 166 of the Motor

Vehicles Act. Learned Advocate for the appellant/claimant

submits that the learned Tribunal committed error in law

while not granting medical expenses which were proved

by evidence of P.W.3, Pratap Swain who was working at

Woodland Hospital, Kolkata and he submitted money

receipts and medical bills marked as exhibit 6 collectively

and marked as exhibit 7 collectively for a sum of

Rs.4,46,906/-.

Learned Advocate for the appellant submits that in

case of injury, medical expenditure should be granted

under the head of 'Medical Expenditure' but learned

Tribunal committed an error in law in not considering the

same under the head of medical expenditure.

Considering the judgement of Syed Sadiq Etc. Vs.

United India Insurance Co. Ltd., reported in 2014(1)

T.A.C. 369(SC) and the judgement of National Insurance

Company Ltd. Vs. Subhasis Manna & anr., reported in

2019(4) T.A.C. 95(Cal).

In reply, Mr. Sajay Paul, learned Advocate

appearing on behalf of the Insurance Company submits

that the award passed by the learned Tribunal is

absolutely just and proper and there is no scope of

interference and/or modification of award.

Mr. Paul further submits that the learned Tribunal

rightly refused to grant any compensation towards

medical expenses since the victim did not suffer any

permanent or temporary disability. It is also argued that

on the day of occurrence the victim was initially admitted

at Burdwan Medical College & Hospital wherefrom the

victim had been referred to S.S.K.M. Hospital or National

Medical College & Hospital for better treatment but the

victim or his family members chose to admit the victim at

Woodlands Hospital for luxurious treatment and spent

Rs.4,46,906/-. Accordingly, the insurance company

should not be held liable for such luxurious treatment.

After considering the submissions made by the

learned Counsel for the parties and the evidence of the

representative in Woodlands Hospital, I did not find any

gravity in the submissions of Mr. Paul, learned Counsel

for the insurance company as it is the right and choice of

the victim to get best treatment in any Nursing Home or

Hospital, either Government of private.

Accordingly, the impugned award is modified and

recalculated in the manner referred hereinafter :

    Particulars                               Amount
 Pain and suffering                        Rs.50,000/-
  Loss of earning during period of
    treatment                               Rs.2,000/-
 Medical expenditure                  Rs.4,46,906/-
 Total compensation                   Rs.4,98,906/-
 Less : Deduction of award money          Rs.52,000/-
 Enhanced award                      Rs.4,46,906/-

Mr. Ali Imam Shah, learned Counsel appearing on

behalf of the appellant/claimant admits that his client

has already received the awarded sum of Rs.52,000/-

along with interest. Accordingly, the balance enhanced

sum of Rs.4,46,906/- would become payable to the

appellant/claimant by the insurance company together

with interest @ 6% p.a. on and from the date of filing of

the claim petition till actual payment within a period of

45 days from the date of receipt of the bank account

particulars of the claimant. Learned Advocate for the

appellant/claimant will forward the bank account details

of the claimant within a fortnight from date to the learned