Ashok Malik vs Ramesh Kumar
2004 Latest Caselaw 1250 Del

JUDGMENT

R.S. Sodhi, J.

1. This appeal is directed against the judgment/Award dated 8.4.2004 of the Motor Accident Claims Tribunal, Delhi, whereby the learned Tribunal has awarded a total compensation of Rs.59,940/-.

2. Brief facts of the case, as noted by the Tribunal, are as under :

''The petitioner met with an accident on 2nd March, 2001 at about 5.45 a.m. At G.T.Road, Kamla Nagar, Delhi within the jurisdiction of P.S. Roop Nagar. It is the case of the petitioner/claimant that he was driving Maruti Car No. UP-32-J-4911 and proceeding to Railway Station from his house along with a co-passenger, Nishani Sinha; that when the car reached near Sardaran Di Hatti, G.T. Road, Shakti Nagar, the offending car No. DL-4C-5258 driven by respondent No.1 hit his car. It is the case of the petitioner/claimant that respondent No.1 was driving the offending car at very high speed, rashly and negligently and came from the opposite and on the wrong side of the road and then hit his car; that he as well as his friend Nishant Sinha suffered grievous injuries. Respondent NO.2 is stated to be the registered owner of the offending vehicle and respondent NO.3 insurer of the offending vehicle. Petitioner claims Rs.5,00,000/- with interest as compensation from the respondents jointly and severally.''

3. Counsel for the appellant submits that the appellant has spent a large amount of money on medical treatment and that Dr. Vinod Gangotri at his Vinay Nagar clinic had been treating the appellant. He submits that the amount spent on further treatment has wrongly not been allowed. He also submits that the appellant has not been given compensation for the days when he was not in service.

4. Heard counsel for the appellant and gone through the record of the case. From the judgment under challenge it appears that there is no evidence on record to show that the appellant had taken any medical treatment from Dr. Vinod Gangotri on which he has spent a sum of Rs.20,000/-. No bills nor receipts are on record. Further, there is also nothing on record to show that the appellant has not been reimbursed his medical expenses by his employer. As regards loss of leave, it is on record that the appellant had been on medical leave and incurred no loss of income on that account. It is also it is not clear whether the appellant has not been paid for the additional one month he did not go to work. However, inspite of that, the Tribunal has awarded a sum of Rs.19,940/-.

5. In this view of the matter, I see no infirmity in the judgment under challenge. MAC.App. 464/2004 is accordingly dismissed. No order as to costs.