LAWS(GJH)-2023-2-442

DEEPAKBHAI CHHANABHAI PRAJAPATI Vs. YAKUB ABDUL SATTAR PATHIA

Decided On February 15, 2023
Deepakbhai Chhanabhai Prajapati Appellant
V/S
Yakub Abdul Sattar Pathia Respondents

JUDGEMENT

(1.) Admit. Learned advocate Mr.Raval waives service for respondent no.3 and learned advocate Mr.Nanavati waives service for respondent no.5.

(2.) Challenge in this appeal is to judgment and award dtd. 12/5/2018 passed by Motor Accident Claims Tribunal (Aux.), Ahmedabad, in MACP No.620 of 2011, which is a common judgment, whereby compensation amount of Rs.1,22,398.00 has been granted to the claimant.

(3.) Mr.A.V.Prajapati, learned advocate for the appellant submits that true-copies of medical bills for the amount of Rs.96,927.00 were produced before the Tribunal, however, that amount has not been granted to the claimant. He further submitted that United India Insurance Company has admitted in written arguments that out of total medical bill of Rs.1,62,827.00, the claimant has received an amount of Rs.65,930.00 towards mediclaim. Mr.Prajapati has submitted that learned Tribunal ought to have granted rest of the amount, which comes to Rs.96,927.00, as the claimant is legally entitled to receive this amount, more so, when there is clear submission made by the insurance company to the effect that the claimant has not received the amount of Rs.96,927.00 towards medical bills.