Calcutta High Court (Appellete Side)
Smt. Prabha Gupta Alias Prabha Kumari ... vs The New India Assurance Co. Ltd. & Anr on 10 April, 2012
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
(Civil Appellate Jurisdiction)
Present:
The Hon'ble Justice Ashim Kumar Banerjee
And
The Hon'ble Justice Shukla Kabir (Sinha)
FMA 718 of 2010
Smt. Prabha gupta alias Prabha Kumari Gupta
-Vs-
The New India Assurance Co. Ltd. & Anr.
For the Appellant : Mr. Subir Banerjee
Mr. Jayanta Banerjee
For the Insurance Company : Mr. Rajesh Singh
ar
Heard on : 10.4.2012
Judgment on : 10.4.2012
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Ashim Kumar Banerjee, J.
The victim was a student of B.A. She suffered the accident that resulted fracture of her left leg. She was under treatment in West Bank Hospital, a private hospital, in the district of Howrah for about three months.
From the records, we find that medical bills, amounting to Rs. 1,62,414, were filed before the Tribunal. The Tribunal, however, did not consider the same. According to the appellant, during her prolonged stay at hospital she suffered pain and suffering, that was not considered by the Tribunal. The Tribunal awarded only a sum of Rs. 4,000/- on account of medical expense, Rs. 32,000/- on account of 20% disability and Rs. 5,000/- on account of pain and suffering. The Tribunal ultimately awarded aggregating a sum of Rs. 41,000/-. The Tribunal also awarded interest at the rate of 5% per annum.
Being aggrieved by the order of the Tribunal, the Claimant has filed the instant appeal.
We have heard Mr. Subir Banerjee, learned counsel, appearing for the appellant and Mr. Rajesh Singh, learned counsel, appearing for the Insurance Company.
In our view, once the claimant submitted medical documents that would show actual expense incurred by her the Tribunal could not have overlooked the same. At the same time, we do not find any disability. The 3 discharge summary of West Bank Hospital did not suggest any disability at all. Tribunal should not have awarded any sum on account of disability.
We have considered the rival contentions. In our view, interest of justice would sub-serve if we allow the actual medical expense in addition to pain and suffering granted by the Tribunal to the extent of Rs. 5,000/-. We do not wish to disturb the interest component so awarded by the Tribunal.
We thus modify the award as follows:-
Medical expense = Rs. 1,62,414/-
Pain and suffering = Rs. 5,000/-
= Rs. 1,67,414/-
Less (-) = Rs. 41,000/-
(already paid in terms of the
award of the Tribunal under
Section 166 of the Motor
Vehicles Act, 1988) _________________
= Rs.1,26,414/-
The Insurance Company is directed to pay the said differential amount, i.e Rs.1,26,914/- along with interest at the same rate on and from the date of filing of the Claim application being April 17, 2004 till the actual payment to the claimant to be sent through account payee cheque at her recorded address by registered post with acknowledgement due within four weeks from the date of communication of this order.
There was some discrepancy with regard to the actual amount of the award. We hope and trust, Insurance Company would verify their 4 accounts and would take credit of the actual sum paid to the claimant, while making payment of the differential sum.
FMA 718 of 2010 is thus disposed of.
There would be no order as to costs.
Lower Court records be sent down at once, if arrived at. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ashim Kumar Banerjee, J.) I agree, (Shukla Kabir (Sinha, J.) 5