Loss of marriage prospects
28. The Tribunal has awarded Rs. 3,00,000/- for loss of marriage prospects. We see no reason to interfere with this finding.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 735 of 2020.
Decided On: 05.02.2020
Kajal Vs. Jagdish Chand and Ors.
Hon'ble Judges/Coram:
L. Nageswara Rao and Deepak Gupta, JJ.
Author: Deepak Gupta, J.
Citation: MANU/SC/0126/2020,(2020) 4 SCC 413.
Read full Judgment here: Click here.
Print PageOne must remember that amongst people who were not Government employees and belong to the poorer strata of society, bills were not retained. Some of the bills had been excluded by the courts below only on the ground that the name of the patient was not written on the bill. There was no dispute with regard to the long period of treatment and hospitalisation of this young girl. Immediately after the accident, she was admitted at a hospital. From there, she was referred to the other hospital, where she remained admitted and, thereafter, she was again admitted in the hospital. She was in the hospital for almost fifty one days, and both doctor had supported this. Limiting the amount only to the bills which have been paid in the name of the claimant only, would not be reasonable.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 735 of 2020.
Decided On: 05.02.2020
Kajal Vs. Jagdish Chand and Ors.
Hon'ble Judges/Coram:
L. Nageswara Rao and Deepak Gupta, JJ.
Author: Deepak Gupta, J.
Citation: MANU/SC/0126/2020,(2020) 4 SCC 413.
Print PageLot of expenditure must have been incurred on travelling and residence of the relatives and friends of the appellant. The bills evidencing expenditure on medicines, medical treatment, special diet, travelling expenses and residence of the relatives and friends of the appellant have been produced on record. There are four lists of documents marked as 85/1 to 85/4. Along with the said four lists, voluminous original documents such as bills, vouchers etc. have been produced on record. As expected, none of the documents were admitted by the respondent No. 3. Perhaps the respondent No. 3 wanted that large number of witnesses should be examined to prove the documents. In the examination-in-chief, the appellant has made a reference to all the bills and vouchers. The Tribunal constituted under the said Act is not bound by strict rules of evidence. Therefore, the said bills and vouchers ought to have been taken into consideration by the Tribunal in absence of the specific case made out that the documents were fabricated.
IN THE HIGH COURT OF BOMBAY
F.A. No. 717 of 1999
Decided On: 08.08.2011
Dattatraya Laxman Shinde Vs. Nana Raghunath Hire and Ors.
Hon'ble Judges/Coram:
Abhay Shreeniwas Oka, J.
Citation: 2011 (4) TAC 367 (Bom), MANU/MH/1265/2011.
Print PageHowever, the Appellant is relying upon a large number of bills of medicines and other items which are produced on record. The Learned Member of the Tribunal has taken a technical view of the matter by holding that the Appellant has not proved the said bills. Considering the nature of injuries sustained by the Appellant, it was not expected of the Appellant to maintain account in minute details of the amounts spent on the purchase of medicines and other equipments. It is impossible to expect the Appellant to summon the owners of the medical shops to prove the bills. According to the case of the Appellant, the bills produced on record show that total amount spent by him in that behalf is Rs. 44,483.32 ps. Hence, a sum of Rs. 45,000/- can be straightway granted on the said count.
IN THE HIGH COURT OF BOMBAY
First Appeal No. 169 of 2009
Decided On: 07.03.2013
Farooq Mohammad Gaouse Vs. The Transport Manager
Hon'ble Judges/Coram:
Abhay Shreeniwas Oka and A.P. Bhangale, JJ.
Citation: 2013(2) TAC 404 Bom, MANU/MH/0217/2013.
Print PageAs far as claim of expenditure on medical treatment is concerned, it is brought on record that the appellant was admitted in three different hospitals in Pune and in hospitals at Karad and Satara. The appellant was also admitted to the institution at Coimbatore for a period of more than two months. Lot of expenditure must have been incurred on travelling and residence of the relatives and friends of the appellant. The bills evidencing expenditure on medicines, medical treatment, special diet, travelling expenses and residence of the relatives and friends of the appellant have been produced on record. There are four lists of documents marked as 85/1 to 85/4. Along with the said four lists, voluminous original documents such as bills, vouchers etc. have been produced on record. As expected, none of the documents were admitted by the respondent No. 3. Perhaps the respondent No. 3 wanted that large number of witnesses should be examined to prove the documents. In the examination-in-chief, the appellant has made a reference to all the bills and vouchers. The Tribunal constituted under the said Act is not bound by strict rules of evidence. Therefore, the said bills and vouchers ought to have been taken into consideration by the Tribunal in absence of the specific case made out that the documents were fabricated. {Para 24}
IN THE HIGH COURT OF BOMBAY
F.A. No. 717 of 1999
Decided On: 08.08.2011
Dattatraya Laxman Shinde Vs. Nana Raghunath Hire and Ors.
Hon'ble Judges/Coram:
Abhay Shreeniwas Oka, J.
Citation: MANU/MH/1265/2011.
Print PageThe High Court has gravely erred both on facts and in law in interfering with the impugned judgment and award of the Tribunal in reducing the pecuniary damages awarded towards medical expenses incurred by the Appellant herein from Rs. 17,51,726/- to Rs. 7,77,000/- solely on the ground that there is no documentary evidence in relation to the amount spent towards medical expenses which is awarded by the Tribunal. This assumption by the learned Judge of High Court is factually not correct. As could be seen from the record, there are large number of medical bills and vouchers produced by the Appellant for having spent the money towards the surgeries conducted upon her and payment made to the various Hospitals and Nursing Homes namely, V.S.S. Medical Hospital, Burla, Kalinga Hospital, Bhubaneshwar, Nursing Home, Cuttack along with purchase of medicines for the aforesaid period which run to Rs. 17,51,726/-. The above said factual aspects are stated in unequivocal terms in her statement of evidence, and she has also referred to the documents such as bills, receipts and vouchers obtained by her from various medical stores on the basis of the prescriptions of the doctors who have treated her. Some of the documents were marked in the evidence of PW-3 - the Appellant herein and she had spoken about the expenses incurred towards her treatment and purchase of medicines. In relation to some other documents, the learned Counsel for the Insurance Company has objected for making them exhibits without raising tenable objections. The learned member of the Tribunal neither upheld nor rejected the objection raised by the counsel on behalf of the Respondent Insurance Company at the time of marking documents through the Appellant in her evidence. Nonetheless, the learned member of the Tribunal has taken those documents into consideration and has awarded compensation under pecuniary damages having regard to the clinching evidence on record that the surgeries were conducted and treatment was taken by her in various hospitals and Nursing Homes for a period of four years. The correctness of the said claim is examined by us with reference to the documents in Ann. P-7 produced in this case, in which date-wise particulars with regard to the name of the Institutions and Medical Stores, the expenses incurred and bill numbers, payment made for the purpose of conducting blood tests, purchase of medicines, purchase of blood from the blood bank and cost of surgeries spent by the Appellant are given. The Tribunal, in the absence of rebuttal evidence and the nature of cross examination of the Appellant-PW 3 made by the learned Counsel on behalf of the Insurance Company and the evidence adduced by the Appellant herein and the claim made by her under the pecuniary damages towards the medical expenses, tests, surgeries etc. and other incidental purposes, has accepted and has rightly awarded a sum of Rs. 17,51,726/- under the heading of medical expenses. The same has been arbitrarily and unreasonably, without assigning any cogent and valid reason, interfered with by the High Court and it has erroneously modified the judgment by reducing the amount from Rs. 17,51,726/- to Rs. 7,77,000/-. This has been very lightly interfered with by the learned Judge of the High Court without application of mind and consideration of legal evidence on record particularly in the absence of rebuttal evidence and further, the Insurance Company was unable to show that the documents referred to supra produced by the Appellant in her evidence are fabricated documents, which have been produced with deliberate intention to prefer a false claim in this regard as contended by the learned Counsel on behalf of the Insurance Company. We have carefully examined the evidence on record and the findings of the Tribunal to examine as to whether the findings recorded by the High Court in the impugned judgment for reduction of pecuniary damages from Rs. 17,51,726/- to Rs. 7,77,000/- is correct. On careful perusal of the evidence and documents produced by the Appellant we have to hold that the finding and reason recorded by the High Court is wholly erroneous in law as the same is contrary to the facts pleaded and proved by producing evidence on record. Therefore, the same requires to be interfered with by this Court in these appeals. Accordingly, point Nos. (i) and (ii) are answered in the affirmative in favour of the Appellant. The finding and reason recorded by the High Court in not awarding just and reasonable compensation under the various heads of non pecuniary damages for which she is legally entitled to on the basis of proven facts, legal evidence on record and law laid down by this Court, is not only erroneous but also suffers from error in law. On this aspect, separate reasons are assigned while answering point Nos. (iii) & (iv).
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 5370-5372 of 2013
Decided On: 01.08.2013
Rekha Jain Vs. National Insurance Company Ltd. and Ors.
Hon'ble Judges/Coram:
G.S. Singhvi and V. Gopala Gowda, JJ.
Author: V. Gopala Gowda, J.
Citation: MANU/SC/0773/2013.
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