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Friday 25 April 2014

Compensation for motor vehicle accident-Govt servant whether bound to produce original medical bills?


 He fairly admitted that he got reimbursement for 
medical   treatment   from   the   department   and   therefore,   he   has   not 
produced original medical bills to show his medical expenses which 
government   reimbursed   him.     He   relied   upon   certificate   issued   by 
Dr.Neelima  Pawade.    He  identified  her  signature  on the  certificate 
marked as Exh.79.     Thus, injured  claimant himself had  referred to 
medical  certificate  issued  in  his favour  by  Dr.Neelima Pawade  and 
denied that he lodged exorbitant claim of Rs.2,00,000/­ in the claim 
petition.  His evidence would indicate that the accident had occurred 
because of negligence of truck driver and the truck was covered by 
insurance policy operating on the date of accident which was insured 
by   respondent   no.5.     Under   these   circumstances,   claimant   was 
required to take voluntary retirement on 2/10/2000 due to the ill health 
on account of accident when, in fact, he would have retired in 2004. 
The   appellant/claimant   was   in   government   service   working   as 
Superintendent of the Land Record and earning a sum of Rs.13000 to 

14000/­    per month  at the time  of  his  retirement.      Exh.88  would 
indicate the approval for his retirement issued by the Deputy Director of 
Land Records Amravati Division, Amravati.   The medical  papers  of 
General Hospital, Amravati at Exh.78 indicating the nature of injuries 
received by the claimant would corroborate the certificate issued by 
Dr.Neelima   Pawade.       Resident   Medical   Officer,   General   Hospital, 
Amravati also  certified that  claimant  –  injured Prakash Mahadeorao 
Nirmal was admitted on 15/8/1997 and was treated till his discharge on 
28/8/1997 and had suffered head injury as well as eye injury.   Under 
these   circumstances,   there   was   error   on   the   part   of   the   learned 
Member of the MACT to ignore the medical papers on the record when 
certificates are issued by Resident Medical Officer, General Hospital 
Amravati from the office of the Civil Surgeon, Amravati.  In my opinion, 
such   certificate   in   the   nature   of   official   document   can   be   read   in 
evidence by the Motor Accident Claim Tribunal in such case.  Because 
evidence is required to be judged upon preponderance of probabilities 

and not on the basis of principle of proof beyond reasonable doubt.   
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.423 OF 2005.
                 Prakash s/o Mahadeorao Nirmal,

                          : VERSUS :
   Rajesh Ramfer Yadav,
               
           .


                               CORAM:      A.P.BHANGALE, J.
                                     DATED:     16th DECEMBER, 2013.
Citation; 2014(2) ALL M R546 Bombay

1. The   appeal   is   preferred   by   the   injured   claimant   against 
dismissal of the claim, by order dated 12th of April, 2005, by the learned 
Member,   Motor   Accident   Claims   Tribunal   (MACT),   Amravati   in 
M.A.C.P.No.86 of 1998.
2. The facts, briefly  stated, are that, the appellant  (injured  ­ 
claimant)  was  working  with  Land  Records  Department  at Tiwsa  as 
Superintendent of Land Record, in August, 1997.   Unfortunately, he 
suffered injury over his left eye in the motor vehicle accident occurred 
on 15th  of August, 1997 while he was travelling to Tiwsa in a Jeep 
along with one Haribhau Gogate and Chandrashekhar Nistane.   It is 

the contention of the appellant that in the accident, Jeep driver as well 
as two more persons had died on the spot itself while the appellant 
suffered   injuries   and   was   shifted   to   Irvin   Hospital,   Amravati 
immediately after the accident.     It is the contention of the appellant 
that as a result of accident there was 100% loss of vision of his left 
eye.   The appellant had relied upon medical certificate issued by Dr. 
Neelima   Pawade   who   certified   100%   left   eye   visual   loss   of   the 
appellant/claimant.   It is further contended that the owner as well as 
driver of the offending vehicle i.e. truck, which is dashed against Jeep, 
had not filed written statement on the record.   Only respondent nos. 5 
and  6  had  contested the  claim  before the  Tribunal.    However, the 
learned   Member   of   the   Tribunal   proceeded   to   dismiss   the   claim. 
Hence, this appeal is preferred.
3. According to the  learned Advocate for the  appellant, the 
claimmant was immediately admitted to Irvin Hospital and he was in 

hospital for ten days.   Being a government servant, he had claimed 
reimbursement for medical treatment and therefore, he is not claiming 
any   compenstion   for   medial   treatment.     According   to   the   learned 
Advocate for the claimant,  due to the motor vehicle accident, operation 
of  left  eye  was  advised  by  an  eye  specialist.      Claimant  had  also 
suffered  head  injury  which  required  65  stitches  and  he  was  in the 
hospital of Dr.Neelima Pawade for three days.   He had also received 
medical treatment from Dr.Satish Deshmukh – an eye specialist.
4. Learned Member of the Tribunal arrived at the conclusion 
that the motor vehicle accident is occurred on 15/8/1997 because of 
rash  and  negligent  driving  of the truck  bearing  registration No.MXL 
6826 owned by respondent no.2 – Mohd.Rafique.   The Jeep bearing 
registration   No.   MH­30/8831   was   owned   by   Shioprasad   Kachrulal 
Laddha, r/o Risod, Distt.Akola.  Respondent no.5 – National Insurance 
Co.Ltd. disowned the liability to make compensation, as according to it, 

the claimant was not immediately hospitalized and that there was no 
other injury to the left eye over or around it.  According to the learned 
Advocate for respondent no.5 there would have been serious external 
injuries around left eye but no such injury certificate was on record.   It 
is also contended that there is no sufficient evidence to believe that the 
appellant/claimant   suffered   injury   due   to   motor   vehicle   accident 
concerned.     It is not in dispute that as on the date of accident the 
claimant was nearing his retirement and that he had taken voluntary 
retirement on the ground of his ill­health due to the accident, but this 
version was not accepted by the learned Member of the MACT and 
therefore, claim was dismissed.
5. I have considered the evidence led in the claim petition by 
the appellant/claimant.   At Exh.74, claimant/appellant had stated that 
accident   occurred   on   15/8/1997   at   about   7.30   a.m.   while   he   was 
travelling by Jeep from Panchavati Amravati to Tiosa along with other 
::: Downloaded on - 25/04/2014 10:51:28 :::Bombay High Court
     6
persons.   When the Jeep was about 3 or 4 kms. away after Nandgaon, 
a truck coming from opposite direction, which was loaded and driven 
fast, dashed the jeep and claimant was unconscious on the spot due to 
head  injury  as well  as  injury to  left  eye  and  ratina  of  left  eye  was 
damaged.    After the accident, the appellant was  unable to see by left 
eye and he was being admitted in Irvin hospital at Amravati and was 
remained  in the  hospital for  8 to  10 days  before  he was  shifted to 
Nagpur   in   the   hospital   of   Dr.Neelima   Pawade   –   an   eye   specialist 
because claimant was advised left eye operation.   He had 65 stitches 
to his head.   According to the claimant, he was earning Rs.12000/­ per 
month  and  had  yet to  serve for  seven  years  in the  Land  Records 
Department but he had voluntarily retired due to health problem arising 
out of the accident.     Claimant also made reference to police paper, 
such  as FIR  (Exh.75),  copy  of  spot  panchanama  (Exh.76),  copy  of 
charge­sheet  (Exh.77), injury  report  (Exh.78) and medical Certificate 
dated  3/2/2004.     According to the  claimant,  he  could  not  produce 

original   medical   bill   as   he  had  claimed   reimbursement   for  medical 
treatment from the department.   Claimant also deposed that accident 
had  occurred  because  of  negligence  of truck  driver  which  was the 
judicial finding in companion claim petition Nos.332 of 1998 and 97 of 
1998 in which the appellant was not party.     In Exh.79, in the claim 
petition,   it   is   mentioned   that   claimant   was   admitted   in   hospital   of 
Dr.Neelima Pawade from 12/2/1998 to 16/3/1998 and treated by her 
for 100% left eye vision loss.   She had also observed that there was 
head and face injuries which claimant had suffered in the accident.
6. Learned   Advocate   for   respondent   no.5   –   Insurance 
Company contended that there was no strict proof of medical certificate 
and it cannot be read in evidence.   She made reference to Oriental 
Insurance Co.Ltd.  ..vs.. Parveen and ors. reported in II(2012) ACC 
319  to submit that it is basic principle of law of evidence that document 
ought to be proved by the best evidence of doctor, who certified the 

injury,   except   in   case   of   public   document   as   contemplated   under 
Section 77 of the Indian Evidence Act.  The learned Advocate has also 
contended that disability certificate is not a public document and must 
be proved in accordance with law by doctor who issued it certifying the 
fact of disability suffered by the claimant.     Further, according to the 
learned Advocate, such certificate issued by the doctor long after the 
occurrence of the accident cannot be believed.
Reference is also made to ruling in the case of Sait Tarajee 
Khimchand and ors. ..vs.. Yelamarti Satyam and ors.  reported in 
AIR 1971 SC 1865 to argue that the mere marking of document as an 
exhibit does not dispense with its proof.   
The ruling referred to in Sait Tarajee’s case refers to a suit 
for  recovery  of money  on the  basis  of  a mortgage  bond  allegedly 
executed by the first defendant and his sons in favour of the plaintiff – 
Firm.     It was not the case relating to compensation claim for motor 
vehicle accident.  

According   to   the   learned   counsel   for   respondent   no.5   – 
Insurance Company,  owner  was  necessary  party to the  proceeding 
and he was not made party in this appeal.   According to the learned 
Advocate for the appellant, in spite of so many attempts, owner could 
not be served while appeal remained pending and therefore, the owner 
is   answerable   to   claim   though   he   remained   absent   in   the   appeal 
proceeding.
7. The motor vehicle Act 1988 is a social welfare legislation 
and strict rules of evidence as contemplated under the Evidence Act 
1872 need not apply, as evidence available in a claim petition is to be 
considered upon preponderance of probabilities and not on the basis of 
strict rules of evidence which is required in case of prosecution in a 
criminal case to prove offences beyond all  reasonable doubt.     The 
distinction, therefore, has to be borne in mind while considering the 
evidence in the claim proceedings in the motor vehicle accident case.

8. In   the   present   claim   petition,   record   would   indicate   that 
evidence  of the  injured  claimant  was  recorded  by the Tribunal  and 
claimant had described the accident occurred on 15/8/1998 while he 
was   travelling   by   Jeep,   which   met   with   unfortunate   motor   vehicle 
accident in which three persons had died on the spot, after the jeep 
was dashed by the truck coming from opposi te direction.   Claimant 
also deposed about the head injury which he suffered as a result of the 
accident and also injury to his left eye because of which he was unable 
to see by his left eye.  Claimant also made it clear that he was admitted 
in Irvin hosital and  remained there for 8 to 10 days before he was 
shifted to Nagpur and was under treatment of Dr.Neelima Pawade – an 
eye specialist.  He had sustained head injury which according to him 
required  65  stitches to his head.     In the  course  of deposition, the 
claimant   was cross ­examined   on behalf of the Insurance Company 
(respondent No.5).   He admitted, as a fact, that after recovery he was 

allowed to join duty.   He fairly admitted that he got reimbursement for 
medical   treatment   from   the   department   and   therefore,   he   has   not 
produced original medical bills to show his medical expenses which 
government   reimbursed   him.     He   relied   upon   certificate   issued   by 
Dr.Neelima  Pawade.    He  identified  her  signature  on the  certificate 
marked as Exh.79.     Thus, injured  claimant himself had  referred to 
medical  certificate  issued  in  his favour  by  Dr.Neelima Pawade  and 
denied that he lodged exorbitant claim of Rs.2,00,000/­ in the claim 
petition.  His evidence would indicate that the accident had occurred 
because of negligence of truck driver and the truck was covered by 
insurance policy operating on the date of accident which was insured 
by   respondent   no.5.     Under   these   circumstances,   claimant   was 
required to take voluntary retirement on 2/10/2000 due to the ill health 
on account of accident when, in fact, he would have retired in 2004. 
The   appellant/claimant   was   in   government   service   working   as 
Superintendent of the Land Record and earning a sum of Rs.13000 to 

14000/­    per month  at the time  of  his  retirement.      Exh.88  would 
indicate the approval for his retirement issued by the Deputy Director of 
Land Records Amravati Division, Amravati.   The medical  papers  of 
General Hospital, Amravati at Exh.78 indicating the nature of injuries 
received by the claimant would corroborate the certificate issued by 
Dr.Neelima   Pawade.       Resident   Medical   Officer,   General   Hospital, 
Amravati also  certified that  claimant  –  injured Prakash Mahadeorao 
Nirmal was admitted on 15/8/1997 and was treated till his discharge on 
28/8/1997 and had suffered head injury as well as eye injury.   Under 
these   circumstances,   there   was   error   on   the   part   of   the   learned 
Member of the MACT to ignore the medical papers on the record when 
certificates are issued by Resident Medical Officer, General Hospital 
Amravati from the office of the Civil Surgeon, Amravati.  In my opinion, 
such   certificate   in   the   nature   of   official   document   can   be   read   in 
evidence by the Motor Accident Claim Tribunal in such case.  Because 
evidence is required to be judged upon preponderance of probabilities 

and not on the basis of principle of proof beyond reasonable doubt.   
9. The learned Advocate for the respondent No.5 – Insurance 
Company, at this stage submitted that proceedings may be remanded 
to Motor Accident Claims Tribunal.   Considering that the proceeding is 
pending since 1998, as also the nature of evidence on the basis of 
which the claim was sought to be proved, submission on behalf of the 
Insurance  Company  is  unacceptable.     It  would  not  help  insurance 
Company to further  cause  delay  in the  proceedings  by  avoiding  its 
liability to pay compensation. The compensation claim was in the sum 
of Rs.2,00,000/­ only by the claimant, as according to him, medical bills 
were  submitted to  government for  reimbursement  and therefore  no 
original medical bills could be produced on record and compensation 
for medical treatment was not claimed.     Such explanation ought to 
have   been   accepted   by   the   learned   Member   of   the   Tribunal 
unfortunately it was not accepted while  rejecting the claim.     For all 

these   reasons,   therefore,   the   impugned   judgment   and   order   is 
unsustainable and it is required to be set aside.   
10. The appeal is allowed.     The claim as against respondent 
nos.1,2 and 5 is allowed.
Respondent   nos.1,2  and  5  shall   be  jointly  and  severally 
liable   to   pay   sum   of   Rs.2,00,000/­     to   the   claimant­appellant   with 
simple interest at the rate of 6% per annum from the date of petition till 
its realization.
JUDGE.

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