Remanded

Bhagwan Ram v. Padamraj Jain

Rajasthan HC25 Apr 2022CMA/3620/2019

Case brief

AI extract

What is this about?

The High Court condoned the delay in filing the appeal and allowed an application to take final medical bills on record. Finding the initial award meager and ignoring substantial medical expenses, the Court remanded the matter to the Trial Court for a fresh decision.

What did the court decide?

Original appeal disposed of with remand to the Motor Accident Claims Tribunal to decide the claim petition afresh considering final bills and receipts.

Bhagwan Ram Vs Padamraj Jain — Medical Negligence | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 3620/2019

¶3

Bhagwan Ram S/o Shri Jasa Ram Jat, Aged About 32 Years, R/o Sindhi Colony, Pali

¶4

----Appellant

¶5

Versus

¶6

Padamraj Jain S/o Shri Meghram, R/o Lakhotiya Chowk, Jaitaran, Tehsil Jaitaran, District Pali, Rajasthan (Driver)

¶7

Shankar Lal Kumawat S/o Manga Ram Kumawat, R/o Bera Navoda, Village Patwa, Tehsil Jaitaran, District Pali (Owner)

¶8

The Oriental Insurance Company Limited, Pali, Through Its Tp Hub, Bhansali Tower, Residency Road, Jodhpur (Insurer)

¶9

----Respondents

¶10

For Appellant(s) : Mr. Anil Kumar Bhandari For Respondent(s) : Mr. Mukul Singhvi

¶11

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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25/04/2022

¶14

Heard learned counsel for the parties on application under Section 5 of the Limitation Act for condonation of delay.

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For the reasons stated, the application for condonation of delay is allowed.

¶16

The delay of 281 days in filing the appeal is condoned.

¶17

At the request of learned counsel for the parties, the matter is finally heard today itself.

¶18

The present Civil Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "M.V. Act" for short) has been preferred against the judgment and award

¶19

(2 of 4)

¶20

[CMA-3620/2019]

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dated 26.11.2018 passed by the Judge Motor Accident Claims Tribunal, Pali (hereinafter referred to as the "learned Tribunal" for short) in MACT case No.213/2016, whereby the learned Tribunal has awarded the compensation to the appellant-claimant to the tune of Rs.44,500/- alongwith 9% interest to be paid from the date of filing of the claim petition, i.e., from 09.02.2016.

¶22

Briefly stated facts of the case would reveal that the aforesaid claim petition was preferred by the wife of the appellantclaimant claiming that on 29.10.2015, the appellant alongwith Sh. Suresh Vyas and Sh. Padamraj Jain were travelling in car bearing No.RJ-22-UA-2393 from Pali to Jaitaran, but since the car was rashly and negligently being driven by the respondent No.1 Padamraj Jain, therefore the car was overturned into a ditch, resulting into grievous injuries to not only the appellant, but also Suresh Vyas and Padamraj. Thus, claiming a total sum of Rs.51,60,000/-, the claim petition was preferred by the appellantclaimant before the learned Tribunal.

¶23

Learned counsel for the appellant-claimant vehemently submitted that since the appellant-claimant has suffered various grievous injuries including that his skull bone was damaged and there were so many compound fractures received by him, therefore, due to his critical condition, he was referred to Medipulse Hospital, Jodhpur from Government Hospital, Jaitaran on 30.10.2015 and he remained hospitalized in the Medipulse Hospital, Jodhpur till 22.12.2015 i.e. almost 54 days and during the aforesaid period so many operations/surgeries were undertaken on his body. It is also submitted by learned counsel for the appellant-claimant that thereafter, he remained admitted in the MDM Hospital, Jodhpur for about 23 days and ultimately

¶24

(3 of 4)

¶25

[CMA-3620/2019]

¶26

discharged on 13.01.2016 and during this period too, he was operated. Learned counsel further submitted that due to the accident, he lost his memory and therefore, the claim petition was preferred through his wife Smt. Santosh before the learned Tribunal. Further, due to his critical condition about 20 Lacs were to be incurred on medical expenditure and provisional medical bills were also produced before the learned Tribunal, but the learned Tribunal not awarded a single penny of amount towards provisional medical bills.

¶27

Learned counsel for the appellant further submitted that on 28.11.2019, the claimants and his family members could able to obtain the final bills from the Medipulse Hospital, but before that, i.e, on 16.11.2018, the learned Tribunal has already partly allowed the claim petition filed by the wife of the appellant-claimant. It is in these facts and circumstances, learned counsel for the appellant-claimant submitted that the appellant-claimant was left with no option, but to prefer an application under Order 41 Rule 27 of CPC alongwith the present appeal praying inter alia that the documents (final medical bills), which have been supplied to the appellant-claimant subsequently may be taken on record and be considered at the time of deciding the appeal.

¶28

Mr. Mukul Singhvi learned counsel appearing for the respondent opposed the prayer made by the learned counsel for the appellant.

¶29

At the outset, for the reasons stated, the application (IA No.1/2021) filed under Order 41 Rule 27 of CPC, is allowed.

¶30

The Annexure-A filed alongwith application (original of final bill-cum-receipt) are taken on record with the direction to the office to handover the same to the learned counsel appearing for

¶31

(4 of 4)

¶32

[CMA-3620/2019]

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the appellant-claimant, while keeping the copies of the same on record.

¶34

Having regard to the facts and circumstances of the case and after perusal of the documents, which have been taken on record while allowing the application (I.A No.1/2021) and the fact that the wife and the family members of the appellant-claimant are illiterate persons and the fact that before procuring the final medical bill and receipts, the learned Tribunal has already passed a meager amount of award to the tune of Rs.44,500/- vide its judgment and award dated 26.11.2018 and that the fact that not a single penny towards the provisional medical bills was awarded to the appellant-claimant, this Court finds it fit to remand the matter to the learned Tribunal for deciding the claim petition afresh while taking into consideration the grounds raised by the appellant-claimant in the present appeal and the documents (final bills and receipts), which were procured by the appellant-claimant subsequently from the hospital.

¶35

In view of the above, the present appeal is disposed of with direction to the learned Tribunal to decide the claim petition afresh while taking into consideration the grounds raised in the appeal and the final bills/receipts, original of which be placed by the appellant-claimant before the learned tribunal after the same from the Registry.

¶36

(MADAN GOPAL VYAS),J

¶37

37-CP Goyal/Jagjeet/-

Bhagwan Ram v. Padamraj Jain

Case brief

What is this about?

What did the court decide?

Bhagwan Ram v. Padamraj Jain

Case brief

What is this about?

What did the court decide?

What the court decided

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