Bhagwan Ram vs Padamraj Jain
2022 Latest Caselaw 5979 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3620/2019

Bhagwan Ram S/o Shri Jasa Ram Jat, Aged About 32 Years, R/o Sindhi Colony, Pali

----Appellant Versus

1. Padamraj Jain S/o Shri Meghram, R/o Lakhotiya Chowk, Jaitaran, Tehsil Jaitaran, District Pali, Rajasthan (Driver)

2. Shankar Lal Kumawat S/o Manga Ram Kumawat, R/o Bera Navoda, Village Patwa, Tehsil Jaitaran, District Pali (Owner)

3. The Oriental Insurance Company Limited, Pali, Through Its Tp Hub, Bhansali Tower, Residency Road, Jodhpur (Insurer)

----Respondents

For Appellant(s) : Mr. Anil Kumar Bhandari For Respondent(s) : Mr. Mukul Singhvi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

25/04/2022

Heard learned counsel for the parties on application under

Section 5 of the Limitation Act for condonation of delay.

For the reasons stated, the application for condonation of

delay is allowed.

The delay of 281 days in filing the appeal is condoned.

At the request of learned counsel for the parties, the matter

is finally heard today itself.

The present Civil Misc. Appeal under Section 173 of the

Motor Vehicles Act, 1988 (hereinafter referred to as the "M.V. Act"

for short) has been preferred against the judgment and award

(2 of 4) [CMA-3620/2019]

dated 26.11.2018 passed by the Judge Motor Accident Claims

Tribunal, Pali (hereinafter referred to as the "learned Tribunal" for

short) in MACT case No.213/2016, whereby the learned Tribunal

has awarded the compensation to the appellant-claimant to the

tune of Rs.44,500/- alongwith 9% interest to be paid from the

date of filing of the claim petition, i.e., from 09.02.2016.

Briefly stated facts of the case would reveal that the

aforesaid claim petition was preferred by the wife of the appellant-

claimant claiming that on 29.10.2015, the appellant alongwith Sh.

Suresh Vyas and Sh. Padamraj Jain were travelling in car bearing

No.RJ-22-UA-2393 from Pali to Jaitaran, but since the car was

rashly and negligently being driven by the respondent No.1

Padamraj Jain, therefore the car was overturned into a ditch,

resulting into grievous injuries to not only the appellant, but also

Suresh Vyas and Padamraj. Thus, claiming a total sum of

Rs.51,60,000/-, the claim petition was preferred by the appellant-

claimant before the learned Tribunal.

Learned counsel for the appellant-claimant vehemently

submitted that since the appellant-claimant has suffered various

grievous injuries including that his skull bone was damaged and

there were so many compound fractures received by him,

therefore, due to his critical condition, he was referred to

Medipulse Hospital, Jodhpur from Government Hospital, Jaitaran

on 30.10.2015 and he remained hospitalized in the Medipulse

Hospital, Jodhpur till 22.12.2015 i.e. almost 54 days and during

the aforesaid period so many operations/surgeries were

undertaken on his body. It is also submitted by learned counsel for

the appellant-claimant that thereafter, he remained admitted in

the MDM Hospital, Jodhpur for about 23 days and ultimately

(3 of 4) [CMA-3620/2019]

discharged on 13.01.2016 and during this period too, he was

operated. Learned counsel further submitted that due to the

accident, he lost his memory and therefore, the claim petition was

preferred through his wife Smt. Santosh before the learned

Tribunal. Further, due to his critical condition about 20 Lacs were

to be incurred on medical expenditure and provisional medical bills

were also produced before the learned Tribunal, but the learned

Tribunal not awarded a single penny of amount towards

provisional medical bills.

Learned counsel for the appellant further submitted that on

28.11.2019, the claimants and his family members could able to

obtain the final bills from the Medipulse Hospital, but before that,

i.e, on 16.11.2018, the learned Tribunal has already partly allowed

the claim petition filed by the wife of the appellant-claimant. It is

in these facts and circumstances, learned counsel for the

appellant-claimant submitted that the appellant-claimant was left

with no option, but to prefer an application under Order 41 Rule

27 of CPC alongwith the present appeal praying inter alia that the

documents (final medical bills), which have been supplied to the

appellant-claimant subsequently may be taken on record and be

considered at the time of deciding the appeal.

Mr. Mukul Singhvi learned counsel appearing for the

respondent opposed the prayer made by the learned counsel for

the appellant.

At the outset, for the reasons stated, the application (IA

No.1/2021) filed under Order 41 Rule 27 of CPC, is allowed.

The Annexure-A filed alongwith application (original of final

bill-cum-receipt) are taken on record with the direction to the

office to handover the same to the learned counsel appearing for

(4 of 4) [CMA-3620/2019]

the appellant-claimant, while keeping the copies of the same on

record.

Having regard to the facts and circumstances of the case and

after perusal of the documents, which have been taken on record

while allowing the application (I.A No.1/2021) and the fact that

the wife and the family members of the appellant-claimant are

illiterate persons and the fact that before procuring the final

medical bill and receipts, the learned Tribunal has already passed

a meager amount of award to the tune of Rs.44,500/- vide its

judgment and award dated 26.11.2018 and that the fact that not

a single penny towards the provisional medical bills was awarded

to the appellant-claimant, this Court finds it fit to remand the

matter to the learned Tribunal for deciding the claim petition

afresh while taking into consideration the grounds raised by the

appellant-claimant in the present appeal and the documents (final

bills and receipts), which were procured by the appellant-claimant

subsequently from the hospital.

In view of the above, the present appeal is disposed of with

direction to the learned Tribunal to decide the claim petition afresh

while taking into consideration the grounds raised in the appeal

and the final bills/receipts, original of which be placed by the

appellant-claimant before the learned tribunal after the same from

the Registry.

(MADAN GOPAL VYAS),J 37-CP Goyal/Jagjeet/-

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