Pushparaj vs Sakthivel
2023 Latest Caselaw 3523 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 30.03.2023

                                                     Coram:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                              C.M.A.No.704 of 2023
                                                     and
                                              CMP.No.6202 of 2023

             Pushparaj
                                                                            ... Petitioner/Appellant
                                                       Vs.
             1.Sakthivel
             2.The New India Assurance Company Ltd.,
             D.No.12, New Hospital Road,
             Gopichettipalayam,
             Erode- 638452.

                                                                                   ... Respondents

Prayer in C.M.A.No.704 of 2023: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 praying to set aside the award and decree of the Motor Accident Claims Tribunal (Special Subordinate Court) Coimbatore, dated 20.11.2021, in M.C.O.P.No.1680 of 2018.

Prayer in C.M.P.No.6202 of 2023: Civil Miscellaneous Petition is filed under order 41 Rule 27 of CPC, praying to receive Medical Bills and Discharge Summary as additional documents in the above Civil Miscellaneous Appeal.

                       For Appellant       : Mr.K.Selvakumar
                       For R-1             : Dispensed with (Vide memo 37754 dated 20.12.2022)
                       For R-2             : Mr.R.Sivakumar




https://www.mhc.tn.gov.in/judis

                                                     JUDGMENT

The appeal is filed by the claimant seeking enhancement of compensation on

the ground that he has incurred the medical expenses for removal of iron screw and

plates fixed in his leg for the fracture injury sustained by him in the accident which

occurred on 23.06.2018.

2. The facts of the case are not dealt with in detail, because the appeal is filed

on the sole ground of reimbursement of the medical bills.

3.The appellant has filed the additional evidence viz., the medical bills and the

discharge summary for the surgery underwent by him for removal of iron screws and

plates fixed in the leg for the fracture injury sustained by him in the motor accident

which occurred on 23.06.2018.

4.In the affidavit filed in support of the petition filed under order 41 Rule 27

C.P.C, the petitioner stated that as the surgery was undergone by him, after the award

of the claims Tribunal, the additional evidence in support of the claim for additional

medical expenses incurred by him, could not be filed earlier.

https://www.mhc.tn.gov.in/judis

5.In view of the averments made in the said petition, and in view of the fact

that the claim is for reimbursement of the medical bills incurred subsequent to the

award of the Tribunal, the additional evidence is admitted and the petition is

accordingly allowed.

6.The discharge summary issued by the Kirupa Ortho Foundation clearly

shows that the appellant was admitted on 08.02.2022 for removal of screws and

plates on the left leg. The surgery was conducted and the screws were removed on

08.02.2022. The appellant was discharged on 12.02.2022. The expenses for the

surgery underwent on 08.02.2022 is evidenced by the bill issued by the Authorised

signatory of Kirupa Ortho Foundation for Rs.30,000/-. The original medical bills for

purchase of medicines for Rs.20,000/- are filed. The appellant has therefore made a

claim for a total sum of Rs.50,000/- towards the medical expenses incurred by him,

subsequent to the award.

7.Considering the documents filed in support of the claim, I am of the view that

the appellant is entitled for compensation of additional medical expense of

Rs.50,000/- incurred by him, as evidenced by the original medical bills and the

discharge summary.

https://www.mhc.tn.gov.in/judis

8.I am therefore inclined to award Rs.50,000/- towards additional medical

expenses incurred by the appellant.

9.The appeal is accordingly partly allowed. The respondent/Insurance

Company is directed to deposit the additional medical expense of Rs.50,000/- within

a period of four (4) weeks from the date of receipt of a copy of the Judgment. No

costs.

The petitioner is entitled to thereafter withdraw the deposited amount by filing

proper application.

30.03.2023

dsn

Index:Yes/No Speaking Order:Yes/No Neutral Citation: Yes/No

https://www.mhc.tn.gov.in/judis

To

1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Coimbatore.

https://www.mhc.tn.gov.in/judis

N.MALA.J.,

dsn

C.M.A.No.704 of 2023 and CMP.No.6202 of 2023

30.03.2023

https://www.mhc.tn.gov.in/judis