THE ORIENTAL INSURANCE CO. LTD. Vs. DORIA ARUN

JUDGEMENT

(1.) THIS appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act") arises from the award passed by the Chairman of the Motor Accident Claims Tribunal at Mumbai in Claim Application No.3721 of 2000. By the impugned award the following compensation has been granted to the claimant - respondent no.1. <FRM>JUDGEMENT_270_LAWS(BOM)8_2011.htm</FRM>

(2.) THE claimant suffered a number of injuries and she was an indoor patient from 23/11/1999 to 27/11/1999. She obtained a discharge and returned to USA so as to continue the medical treatment. She was under treatment at Arlington Memorial Hospital, Texas. Despite the said treatment she suffered 60 % permanent disability and, therefore, a claim petition came to be filed under Section 166 of the Act. She had claimed a total compensation of Rs.10,00,000/ -(Rupees ten lakhs) against the present appellant who was the insurer of Maruti Car No.MH -01 -P -1804. The claim petition was amended by filing the amendment application at Exhibit 48 and as per the order passed by the Tribunal on 2/12/2006. The enhanced compensation claim prayed for was for US $2,39,000.

(3.) THE claimant examined PW 1 - Aruna Princes Azaria, PW 2 - Prince Azaria, PW 3 - Jayendra Shriyan, PW 4 - Dr. Vikas Agashe and PW 5 - Dr. Bimal Mody. An application at Exhibit 43 was filed seeking leave of the Tribunal for recording of evidence by video conferencing and the said application was allowed on 1/2/2006 by relying upon the decision in the case of State of Maharashtra Vs. Praful B. Desai AIR 2003 SC 2058. Consequently, the evidence of three more witnesses came to be recorded by video conferencing in as much as they submitted their affidavits by way of examination in chief and their cross -examination was by e -mail/fax. These three witnesses are PW 6 - the claimant herself, PW 7 -Harvey Miller and PW 8 - Dr. Dale Allen. The Tribunal considered the oral and documentary evidence as well as the disability of 60 per cent and awarded a total compensation of Rs.40,06,022/ -(Rupees forty lakhs six thousand twenty two only) as per the above stated details with interest at the rate of 6% per annum from the date of filing of the written statement i.e. 18/12/2002 till the date of actual deposit.