DEVENDRA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) BEING aggrieved by the inadequacy of the amount awarded vide award dated 31.12.2002 passed by MACT, District Khargone in claim case No. 43/2002 whereby a sum of Rs. 61,000 has been awarded along with interest @ 9% per annum, the present appeal has been filed.

(2.) LEARNED Counsel for the appellant submits that on account of the accident the appellant has sustained fracture of tibia and fibula bone in right leg and there was a dislocation of hip joint. It is submitted that the appellant was hospitalized in Primary Health Centre, Kasrawad, District Khargone from where he was referred to Gokuldas Hospital, Indore. It is submitted that from 26.4.2000 to 30.4.2000 the appellant remained hospitalized. Thereafter again from 27.5.2000 to 29.5.2000 appellant was hospitalized in the same hospital. Thereafter, appellant went to Sancheti Hospital, Pune where he was hospitalized from 11.12.2000 to 29.12.2000 where he was operated thrice, rod was inserted and nailing and screwing were also done. It is submitted that the break-up of amount awarded is as under:

(3.) LEARNED Counsel for the respondent No. 1 submits that the amount awarded by the learned Tribunal to the appellant is just and proper. It is submitted that treating doctor has not been examined. Medical certificate filed by the appellant is not believable as the same has not been issued by treating doctor. The bills which has been submitted are duplication on the basis of which it cannot be believed that a sum of Rs. 90,000 has been spent by the appellant towards medical expenses.