NATIONAL INSURANCE COMPANY LTD Vs. REKHA JAIN

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award dated 20 -3 -2007 passed by the Second Motor Accident Claims Tribunal : Northern Division : Sambalpur, in Misc. (A) Case No. 119 of 2002 (S), awarding an amount of Rs. 23,51,726/ - as compensation, along with interest @ 6% per annum from the date of filing of the claim application, i.e. 15 -4 - 2002 till realization.

(2.) THE sole contention of the learned counsel for the appellant is that the impugned award is grossly excessive and not supported by any materials on record. In this regard, it is submitted that as the claimant had filed some documents as per Exts. 23 to 26 and 28 series which goes to show that the injured claimant had incurred expenses of Rs. 2,05,713/ - towards her medical treatment, learned Tribunal erred in awarding Rs. 17,51,716/ - as compensation towards medical expenses, including the cost of attendant and conveyance charges. It is submitted that as no documents had been filed by the claimant in support of any expenses having been incurred by her towards cost of attendant and conveyance charges, the award of compensation on those heads is not proper and justified. It is further submitted that as the compensation towards pecuniary damages can only be awarded as per the actual expenses incurred, learned Tribunal erred in awarding Rs. 17,51,716/ -, when there was no documents in support of the same. The appellant does not question the award of Rs. 6,00,000/ - under different heads towards non -pecuniary damages.

(3.) LEARNED counsel appearing for the claimantrespondent No. 1 supports the impugned award and submits that as the injured claimant had filed several documents in support of her claim, out of which only a few, viz. Exts. 23 to 26 and 28 series have been taken in evidence and marked as exhibits, the claimant cannot be held responsible for the same. In this regard, it is submitted that the claimant had filed several other documents in support of the expenses incurred by her towards cost of attendant and conveyance charges, as well as treatment expenses, which the learned Tribunal has wrongly not marked as exhibits, for which the claimant cannot be made to suffer. It is submitted that the said documents filed by the claimant, which are available on record, though not exhibited, have been duly considered by the learned Tribunal, while awarding compensation of Rs. 17,51,716/ - towards pecuniary damages, which cannot be faulted.