1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2011 Coram: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI CMA(MD)No.105 of 2011 Visalatchi :Appellant/Petitioner -Vs- 1.R.Karthikeyan 2.Divisional Manager, United India Insurance Company Limited, West Veli Street, Madurai- I.:Respondents/Respondents PRAYER:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award dated 02.08.2006 made in M.C.O.P.No.3072 of 2002 on the file of the Motor Accident Claims Tribunal/IV Additional Subordinate Court, Madurai. For appellant : Mr.M.Siddharthan For 2nd respondent : Mr.C.Jawahar Ravindran JUDGMENT The injured/petitioner is the appellant herein. This appeal is filed against the award of compensation of Rs.13,368/- payable with interest at 7.5% per annum for the injuries sustained by the petitioner in the road accident. The fact that the petitioner and another travelled in one ambassador car from Bodi to Madurai on 28.07.2002 and when the ambassador car was nearing Kalavasal, another ambassador car owned by the first respondent and insured with the second respondent and driven by the his driver rashly and negligently came and hit the ambassador car in which the petitioner was travelling and in the course of such accident, the petitioner sustained multiple injuries and was admitted in the hospital and was given treatment as inpatient in Grace Kennett Foundation Hospital by involving huge medical expenditures and she underwent treatment till 03.08.2002, are not so seriously disputed. The claimant has filed this appeal for enhancement of compensation on the ground that the Tribunal has failed to accept the entire medical bills to the tune of Rs.20,793.98 produced as Ex.P4 series by the claimant. 2.The attention of this Court is drawn to the fact that the Tribunal has erred in refusing to accept the bills without assigning any reason regarding the genuineness of bills so produced. Per contra, the learned counsel for the respondent/Insurance Company would point out that the Tribunal accepted the bills pertaining to treatment undergone at Grace Kennett Foundation Hospital, but the Tribunal was not inclined https://hcservices.ecourts.gov.in/hcservices/ 2 to accept only two bills in Ex.P4 series to the tune of Rs.4,697.60 and Rs.1,939.85 purported to be furnished by one Surya Medicals for the purchase of medicines on 28.08.2002 and 07.11.2002 for further treatment undergone by the claimant at Bodinayakkanoor. 3.This Court is, considering the oral and documentary evidence available on record, inclined to disagree with the rejection of two bills issued by Suriya Medicals out of Ex.P4 series. The Tribunal though accepted the other bills, has not rendered any finding against the genuineness of the said two bills as such it is but reasonable to award Rs.15,000/- as against the award of Rs.7368/- awarded by the Tribunal representing the value of the medical expenses bills incurred by the claimant in the course of her treatment at Grace Kennett Foundation Hospital. The total compensation awarded by the Tribunal is thus enhanced to Rs.21,000/- as against Rs.13,368 awarded by the Tribunal. The award of the Tribunal stands modified to that extent. 4.In the result, the compensation awarded in M.C.O.P.No.3072 of 2002 on the file of the Motor Accident Claims Tribunal/Fourth Additional Subordinate Court, Madurai is enhanced with proportionate costs from Rs.13,368/- to Rs.21,000/- payable with interest at 7.5% per annum from the date of the petition. The award of the Tribunal is confirmed in other respects. The Civil Miscellaneous Appeal is accordingly disposed of. No costs. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: The Motor Accident Claims Tribunal/ IV Additional Subordinate Judge, Madurai. +1CC to Mr.C.Jawahar Ravichandran, Advocate. SR.No.7587. +1CC to Mr.M.Siddharthan, Advocate. SR.No.7321. Gcg RP/30.05.2011/2P/4C. Judgment in C.M.A.(MD)No.105 of 2011 21.03.2011 https://hcservices.ecourts.gov.in/hcservices/