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HC sets aside tribunal findings, enhances compensation
Setting aside a tribunal finding that a sum of Rs one lakh alone was eligible towards medical bills, the Madras High Court has enhanced the compensation that it had awarded to the family of an accident victim from Rs 45.76 lakh to Rs 62.35 lakh.
Noting that the insurance company has not disputed the medical expenses during cross examination, Justice M V Muralidharan said that two discharge summaries marked as evidence revealed that the deceased was an inpatient for over 42 days before succumbing to the injuries. These were issued by two hospitals and all the prescriptions and treatments were incorporated in the discharge summary, the court pointed out, and added: “It is not appropriate for the tribunal to reject major portion of the medical bills by holding that the prescriptions were not produced.”
“Hence, this court has no hesitation in setting aside the findings of tribunal that a sum of Rs one lakh alone is eligible towards medical bills, instead of granting the entire medical bill of Rs 7.72 lakh,” Justice Muralidharan added.
In addition to this, the court noted that the deceased was an inpatient for 42 days at Kovai Medical Centre Hospital and M M Hospital, Namakkal in different spells and underwent seven surgeries. This was clearly proved through medical records, the judge said, and awarded Rs 25,000 considering the pain and agony suffered by the injured deceased and the family members, which was not granted by the tribunals.
The victim’s three minor children were also granted Rs 50,000 each for loss of love and affection. Under the head ‘loss of consortium’, a sum of Rs 40,000 was offered.
As per the case, Bangaruswamy (44) a helper in Tamil Nadu Electricity Board (TNEB), met with an accident on December 3, 2012, and died on January 14, 2013, despite treatment.