Partly allowed

Digambar Kanoba Tekale v. Kamal Maruti Rathod and Anr.

Bombay HC29 Jan 2014FA/1585/2012

Case brief

AI extract

What is this about?

The High Court allowed a first appeal filed by an accident victim seeking enhancement of compensation. The court directed remittal to the Tribunal for a Medical Board examination and submission of additional evidence regarding medical and diet expenses.

What did the court decide?

Case remitted to the Motor Accident Claims Tribunal for reconsideration after a Medical Board examination.

Digambar Kanoba Tekale Vs Kamal Maruti Rathod and Anr. — Motor Accident Claims | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(1) FA NO.1585/2012

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4 FIRST APPEAL NO. 1585 OF 2012

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DIGAMBAR KANOBA TEKALE, Age 40 years, Occu. Nil, r/o Amrabad, Tq. Ardhapur, Dist.Nanded.

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VERSUS KAMAL w/o MARUTI RATHOD, and another.

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Advocate for Appellant : Mr. M.V.Ghatge h/f Mr.Bodade S.R. For R/2.

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Mr. A.V.Indrale (Patil) for respondent no.1.

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CORAM : K.U. CHANDIWAL, J. Dated: January 29, 2014

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PER COURT :-

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Heard finally. The claimant, who is asserted to be a living dead, owing to sufferings of accident, has urged for enhancement of the amount. Mr. Ghatge, learned Counsel, submits that the medical expenses and diet expenses, are of Rs. 1700/- per month and recurring. Apart from that, regular medication is a must, which is also exorbitant. He has with him certain bills to demonstrate expenses.

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Mr. S.R.Bodade, learned Counsel for the Insurance Company says, without questioning the deformity suffered by the claimant, however, in legal parlance, claimant is bound to get examined from the Medical Board to remove mist of suspicion.

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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I find substance in such assertion. Additionally, the claimant shall be entitled to produce bills of medical expenses and other expenses, including hospital charges to be furnished by way of additional evidence before the learned Member.

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The matter is remitted to the learned Member, Motor Accident Claims Tribunal, Nanded, for reconsideration of enhancement in the light of additional evidence. The parties are at liberty to examine additional witnesses. The claimant be referred to a duly constituted Medical Board for examination. He shall be at liberty to furnish copy of this order to the concerned authorities.

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R & P be sent back.

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Parties to appear before the learned Member in MACP No. 676/2009 on 21st Feb., 2014, without further notice as Mr. Bodade and Mr. Indrale for respective respondents confirm for such appearance.

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Appeal disposed of as above. No costs.

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AGP/-

Digambar Kanoba Tekale v. Kamal Maruti Rathod and Anr.

Case brief

What is this about?

What did the court decide?

Digambar Kanoba Tekale v. Kamal Maruti Rathod and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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