Document Fragment View

Matching Fragments

18. The petitioner in paras 3, 9 to 12 and 15 of his affidavit Ex.PW1/A had deposed to that effect. He stated that during the treatment in OPD, stitches were removed on 29.09.2014 and the required medicines were prescribed from time to time. He stated that he could not get some of the medicines bills, due to his unawareness about the use of the same. Original discharge Ram Sewak v Ravi Prakash & Ors.

summary is Ex.PW1/4, original OPD card is Ex.PW1/5, medical bills are Ex.PW1/6 (colly) worth Rs.10,198/­ and photographs are Ex.PW1/7 (colly). The MLC of the petitioner is on record as per which the nature of injuries was opined to be grievous. The learned counsel for the insurance company had argued that the MLC did not show any injuries on the abdomen or any spinal injuries but the discharge summary shows tenderness of abdomen. Further only the MRI of the spine was got done which may have been prescribed and the same is dated 2.10.2014 i.e. not much after the period of the accident. The documents placed on record show that the petitioner was admitted in hospital from 12.9.2014 to 23.9.2014. Thus the injuries were grievous in nature. However there is nothing to show that the petitioner had got any disability due to the accident. During cross­examination by the learned counsel for the insurance company PW1 admitted that he was paid a compensation of Rs. 7,000/­ by the owner of the offending vehicle in the hospital. He denied the suggestion that the treatment record and medical bills i.e. Ex.PW1/5 and Ex.PW1/6 were forged, fabricated and procured documents and were not related to the injuries sustained in the accident. Thus PW1 admitted that he was paid a compensation of Rs.7,000/­ by the owner of the offending vehicle in the hospital. It cannot be disputed that the petitioner had sustained injuries and underwent treatment for the same. The petitioner had stated that he had already incurred around Rs.50,000/­ on his treatment, medicines, special diet and conveyance etc. The petitioner had filed bills for an amount of Rs.10,298/­ approximately. Looking to the nature of the injuries the petitioner is held Ram Sewak v Ravi Prakash & Ors.