NEW INDIA ASSURANCE COMPANY LTD Vs. PRABHAKAR MAROTRAO

JUDGEMENT

(1.) Heard the matter finally by consent of the learned Counsels appearing for the parties.

(2.) The only question raised and involved in the present case is as to whether the Tribunal exceeds the limit by awarding the amount more than to Rs.15,000/ towards the medical expenses as prescribed under Section 163A r/w Sch. II of the Motor Vehicles Act, 1988. The position is apparent and no arguments are required to be advanced for that purpose. The Tribunal has granted medical expenses of Rs.1,17,927/. The claimant would be entitled for medical expenses only to the extent of Rs.15,000/. Hence, the decree passed by the Tribunal in respect of the medical expenses to the extent of Rs.1,17,927/ cannot be sustained.

(3.) Shri Deshpande, the learned Counsel appearing for the respondent No.1/claimant submits that although the certificate of permanent disability was to the extent of 40%, the Tribunal has granted it only to the extent of 20%. However, there is no cross objection filed seeking enhancement of compensation or challenging the order passed by the Tribunal refusing to grant compensation on the basis of 40% of the permanent disability. The objection at this stage, therefore, cannot be entertained.