2013(3) ALL MR 606
IN THE HIGH COURT OF JUDICATURE AT BOMBAY(NAGPUR BENCH)

R.K. DESHPANDE, J.

The New India Assurance Company Ltd. Vs. Prabhakar Marotrao Ghagare & Ors.

First Appeal No. 1137 of 2012

7th March, 2013

Petitioner Counsel: Ms. Anita Singh
Respondent Counsel: Shri. S.R. Deshpande

(A) Motor Vehicles Act (1988), S.163A, Sch.2 - Medical expenses - Tribunal granted medical expenses of Rs.1,17,927/- - As per provision medical expenses cannot be awarded more than Rs.15,000/- - Decree in respect of medical expenses liable to be set aside. (Para 2)

(B) Motor Vehicles Act (1988), Ss.166, 168 - Disability - Contention by claimant that certificate of disability is for 40% - Tribunal has granted claim for disability to extent of 20% - However there is no cross objection filed seeking enhancement - There is not challenge to order of Tribunal - Objection not liable to be entertained at this stage. (Paras 2, 3)

JUDGMENT

JUDGMENT :- 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 163-A 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.

4. In the result, this appeal is partly allowed. The claimant will be entitled for total compensation of Rs.1,80,800/- instead of Rs.2,83,727/- granted by the Motor Accident Claims Tribunal along with interest @ 7.5% per annum from the date of filing of disability certificate on 15-7-2010 till the realization of the entire amount.

5. It is not in dispute, that the appellant/Insurance Company has deposited an amount of Rs.1,32,329/- in this Court, the same is kept in fixed deposit, the claimants are, therefore, permitted to withdraw the said amount along with the interest accrued thereon. The appellant is required to deposit the balance amount along with interest before this Court within a period of two weeks from today. The learned Counsel appearing for the appellant submits that the calculations shall accordingly be made and the amount shall be deposited within a period of two weeks from today.

6. Put up this matter on 25-3-2013 to find out the compliance.

Appeal partly allowed.