NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANISH GUPTA

JUDGEMENT

(1.) Both these appeals have been referred to us by an order of reference dated 19.06.2009. We presume that the matter is referred to us under Section 9 of the High Court Act and Rules. The order of reference would read as under:

(2.) The vexed question in these two appeals is with reference to reimbursement of the medical bills in a claim petition under the heading of medical expenses.

(3.) These appeals are by the Insurance Company questioning the common judgment and separate awards dated 27.11.2006 passed in MVC No.7156/2004, MVC No.7157/2004, & MVC No.7158/2004. The 1st respondent in all these appeals and another had filed claim petitions under Section 166 of the Motor Vehicles Act 1988 claiming compensation on account of injuries sustained by them in a road traffic accident, which had occurred on 21.06.2004. The claim petitions were contested by the appellants and issues were framed based on the pleadings of the parties. The claimants got examined themselves in all the claim petitions, so also the Doctors. On the basis of the evidence on record, both oral and documentary, the Tribunal has granted compensation of Rs.2,04,000/- in MVC No.7156/2004, Rs.1,96,000/- in MVC 7157/2004 and in MVC 7158/2004 a sum of Rs.1,37,000/- has been awarded.