Alok Kumar Verma, J
1. This Appeal has been filed by the appellant-claimant to enhance the amount awarded by the learned Motor Accident Claims Tribunal/ Additional
District Judge/Ist F.T.C., Udham Singh Nagar, at Rudrapur in Motor Accident Claim Petition No.384 of 2009.
2. The brief facts are that the appellant-claimant was going to his house on his motorcycle bearing Registration No.UK06J-7794 at around 10:00 a.m.
on 22.11.2009 when a car bearing Registration No.UK06K-2111 came and dashed against his motorcycle, as a result, he received grievous injuries.
His hand and leg were fractured in the said incident. He was admitted to Phutela Hospital, Rudrapur. The registered owner of the said car was the
respondent no.1 and the respondent no.2 was driving the said car at the time of the incident. The claimant has filed the prescription and medical bills,
issued by Phutela Hospital, Rudrapur. The Tribunal vide Award dated 28.07.2011 directed the respondent no.3-Insurance Company to pay Rs.17,000/-
(Rupees Seventeen Thousand) as compensation and 8% simple interest per annum from the date of filing the petition till its actual payment.
3. The Tribunal has not accepted the amount of medical bills i.e. 80,000/-(Rupees Eighty Thousand) on the ground that the doctor has not been
examined to prove the said bills. The Insurance Company has not challenged the Award.
4. Mr. Deepak Sharma, Advocate, appearing for the appellant had stated on 31.07.2024 that the appellant has filed the present appeal to recover the
amount of Rs.80,000/-(Rupees Eighty Thousand) towards medical bills.
5. Heard Mr. Deepak Sharma, learned counsel for appellant and Mr. Prabhat Pande, learned counsel for respondent no.3-Insurance Company.
6. Mr. Prabhat Pande, Advocate, for respondent no.3-Insurance Company has argued that the appellant has not examined the doctor to prove the
medical bills. Therefore, he is not entitled to recover the amount of the alleged medical bills.
7. Mr. Deepak Sharma, Advocate, has placed reliance on the judgment dated 05.10.2021 of the coordinate Bench of this Court, passed in Appeal
From Order No.598 of 2014 “National Insurance Company Ltd. Vs. Smt. Jamuna Devi and Othersâ€.
8. The appellant-claimant has examined Shivcharan Agnihotri (PW2), the administrator of Phutela Hospital. He has deposed that Rajendra Kumar
was brought to the said hospital on 22.11.2009. There was a fracture in his right leg and right hand. He was admitted in the said hospital till 24.11.2009
and his treatment continued for about one and a half month. He (Shivcharan Agnihotri, PW2) had brought with him the original record of the
appellant’s treatment. Seeing the said original record, he stated that the prescription and bills have the signature of Dr. Paramjeet Singh and the
discharge slip has the signature of Dr. Ravi Phutela of the said hospital.
9. The Insurance Company was granted an opportunity by the Tribunal to cross-examine this witness, but, the Insurance Company has not cross-
examined this witness.
10. In National Insurance Company Ltd. Vs. Smt. Jamuna Devi and Others (Supra), the coordinate Bench of this Court has held “…..if the
claimants places reliance on the medical prescriptions of the documents in order to establish the fact of expenditure which had been incurred for
undertaking the treatment, it is not required that the Doctor has to be necessarily produced in the witness box, to prove those documents……â€.
11. There is no dispute about the incident. The Insurance Company has not challenged the Award. The proceedings under Section 166 of the Motor
Vehicles Act, 1988 is a summary proceeding, therefore, strict proof is not required to prove the claim.
12. Though, the Doctor has not been examined by the appellant-claimant but in the facts and circumstances of the present case, the medical bills
cannot be ignored. On perusal of the record, it is clear that besides the aforesaid amount of compensation, the appellant-claimant is also entitled to get
Rs.80,000/-(Rupees Eighty Thousand). Therefore, the respondent no.3-Insurance Company is directed to deposit Rs.80,000/-(Rupees Eighty
Thousand) along with an interest at 8% per annum from the date of filing the petition till its actual payment before the Tribunal within four weeks’
from today.
13. The present Appeal (AO No.466 of 2011) is allowed to the extent indicated above.
