CMA.No.2332 of 2022

CMA.No.2332 of 2022

and

CMP.No.18150 of 2022

RMT.TEEKAA RAMAN, J.,

This matter has been brought before this Court by way of “For being

mentioned”

2.By order dated 15.02.2023, this Court passed an order of reducing

the compensation to Rs.10,11,885/- in CMA.No.2332 of 2022. Learned

counsel appearing on either side would categorically admitted that the

treatment for the injuries sustained by the claim Petitioner was taken after a

period of two years and by inadvertence, learned counsel for the Respondent

has not made any submission on this ground. Therefore, I am inclined to

modify the Judgment dated 15.02.2023 and the Registry is directed to replace

the following as paragraph Nos.5 to 9 of the Judgment passed in

CMA.No.2332 of 2022 dated 15.02.2023:

“5.As per the evidence of PW1, the deceased was working as an

Agriculturist and was doing seasonal business and at the time of the

accident, though he claimed that he was earning Rs.30,000/- per month, no

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CMA.No.2332 of 2022

document has been produced to substantiate the same. The Tribunal has

fixed notional income at Rs.9,000/-.

6.Heard the learned counsel appearing on behalf of the Insurance

Company and the learned counsel appearing on behalf of the claim

Petitioner.

7.Admittedly, the claim Petition has been filed for the injuries

sustained by the claim Petitioner in a road accident occurred on 25.11.2018

and he claimed Rs.2,00,000/- as compensation. As per Ex.P.1/FIR, date of

accident is 25.11.2018 and FIR also filed on the same day. On perusal of

Ex.P.7/discharge summary, Ex.P.8 to Ex.P.12/Medicals bills reveal that

treatment was taken at Thirupathi during the period between December

2020 and January 2021. There is no positive evidence to show that those

medical bills are related to the injuries sustained by the claim Petition in

the accident occurred on 25.11.2018.

8.The accident was occurred on 25.11.2018 and the medical bills and

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CMA.No.2332 of 2022

other connected records produced under Ex.P.7 to Ex.P.13 are related to

December 2020 and January 2021. In Ex.P.7/follow up card issued by

Balaji Institute of Surgery Research and Rehabilitaiton for Disabled,

Tirumala Tirupati Devasthanams, Tirupati, the date of admission was

mentioned as 12.12.2020 and hence, I find that those injuries does not

relate to the accident dated 26.11.2018 and therefore, the compensation

awarded under various heads by the Tribunal is hereby vacated and a

consolidated sum of Rs.2,50,000/- (Rupees two lakh and fifty thousand only)

is granted as compensation to the claim Petitioner, by invoking Order 41

Rule 33 of CPC, and Section 151 and Article 227 of Constitution of India.

9.In fine,

(i) this Civil Miscellaneous Appeal stands partly allowed, reducing the

compensation from Rs.12,00,885/- to Rs.2,50,000/- to the extent indicated

above. No Costs. Consequently, connected Miscellaneous Petition is

closed.

(ii) the Insurance Company is directed to deposit the reduced award amount

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CMA.No.2332 of 2022

before the Tribunal, within a period of eight weeks from the date of receipt

of a copy of this order, less the amount, if any already deposited.

(iii) the claim Petitioner is entitled to get the entire award amount and

permitted to withdraw the same, less the award amount already withdrawn,

if any, by filing necessary application before the Tribunal.

(iv) the Insurance company is permitted to withdraw the excess amount

deposited by them, if any, from the Tribunal.”

03.03.2023

sai

Note: Registry is directed to carry out necessary

modification

and issue fresh order copy.

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CMA.No.2332 of 2022

RMT.TEEKAA RAMAN, J.,

sai

CMA.No.2332 of 2022

and

CMP.No.18150 of 2022

Dated: 03.03.2023

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