C.A. No. 5757 of 2005 1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5757  OF 2005

    B.P. CHOKHANI ..... APPELLANT

VERSUS

    APSRTC, REP BY ITS GM. HYDERABAD ..... RESPONDENT

O R D E R

This appeal arises from a motor accident claim  

filed by the appellant who met with an accident on  

November  22,  1992.   In  the  accident,  the  appellant  

suffered major injuries as a result of which he was  

hospitalised for long periods on a number of occasions  

spread over about four years and in the end suffered  

from 90 per cent disability on the right lower limb,  

60per cent permanent disability on the left lower limb  

and disability in left wrist to the extent of 10 per  

cent.  

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He  filed  his  claim  application  on  07th March,  

1993,  in  which  he  claimed  compensation  for  medical  

expenses in the sum of Rs. 3,80,000/- and compensation  

for pain and suffering and loss of earning capacity in  

the  sum  of  Rs.  3,00,000/-  and  Rs.  8,00,000/-  

respectively  apart  from  compensation  under  other  

different heads.  It may be noticed that even after the  

filing of the claim petition on March 7, 1993, the  

appellant  underwent  indoor  medical  treatment  for  

different periods on a number of occasions which has  

inter alia increased his medical expenses.   

During  the  pendency  of  the  proceedings  before  

the  Motor  Accident  Claims  Tribunal,  he  filed  an  

interlocutory  application  claiming  that  his  total  

medical  expenses  had  gone  up  to  Rs.11,00,000/-  and  

under the loss of income he was entitled to a sum of  

Rs.20,00,000/-.   In  the  course  of  the  proceedings  

before the Tribunal, in his deposition, he has stated  

that the total medical expenses incurred by him was to  

the tune of Rs.20,00,000/-, even though he was able to  

file  documentary  evidence  in  regard  to  the  medical  

expenses  only  for  a  sum  of  Rs.  9,00,000/-.   The  

Tribunal by its Award dated 30th August, 1997 made in  

MBOP No. 536 of 1993 held and found that the accident

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took  place  partly  due  to  the  negligence  of  the  

appellant  and  it  was,  therefore,  a  contributory  

negligence  in  which  the  appellant's  liability  was  

assessed at 40 per cent.  The Tribunal found and held  

that  the  appellant  was  entitled  to  a  sum  of  

Rs.2,00,000/-  towards  loss  of  business;  a  sum  of  

Rs.5,00,000/-  for  medical  expenses;  another  sum  of  

Rs.50,000/- towards pain and suffering and a sum of  

Rs.50,000/- towards partial permanent disability.  All  

these sums add up to Rs. 8,00,000/- and the accident  

being contributory in nature, the appellant was held  

entitled to 60 per cent of the aforesaid sum, being Rs  

4,80,000/-.  The appellant went in appeal before the  

High Court but the appeal was dismissed by a brief  

order in which the High Court does not seem to have  

properly adverted to the appellant's grievances.

On  hearing  Mr.  Akhilesh  Kumar  Pandey,  learned  

counsel appearing for the appellant and Mr. Praveen  

Kumar Pandey, learned counsel for the respondent-Andhra  

Pradesh State Road Transport Corporation (APSRTC), we  

are  of  the  view  that  the  amount  of  compensation  

determined by the Tribunal towards his medical expenses  

clearly warrants an interference by us.  It has to be  

noted that the end of paragraph 12 of the Award (at

C.A. No. 5757 of 2005 4

page 48 of the paper book), the Tribunal observed as  

follows:

“Therefore, however, the petitioner has  

claimed  that  he  has  incurred  

Rs.12,00,000/- towards medical expenses  

and  has  produced  bills  only  for  

Rs.9,00,000/- as is admitted by him in  

his evidence.  I am of the view that  

all these expenses incurred by him are  

only absolutely necessary and incurred  

in  view  of  the  nature  of  injuries  

sustained in the accident.”

One paragraph thereafter in paragraph 14, the Tribunal  

said as under:

“In  the  absence  of  medical  

evidence  to  show  that  the  petitioner  

required all those amounts said to have  

been incurred by him and paid by him tot  

he injuries, I am of the view that it is  

just and reasonable if a total sum of  

Rs.5,00,000/-  is  given  for  medical  

expenses, stay in the hospitals..”

We  are  plainly  at  loss  to  reconcile  the  two  

passages in the Tribunal's Award having held that the  

appellant had to spend Rs. 9,00,000/- for his medical  

expenses which was absolutely necessary, we are unable  

to see how could the Tribunal say that in the absence

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of medical evidence, it could not be said that the  

expenses incurred by him were reasonable and proper. We  

are, therefore, clearly of the view that the Tribunal  

was in error in reducing the amount of compensation for  

the medical expenses from Rs.9,00,000/- to a wholly  

unsubstantiated  figure  of  Rs.5,00,000/-,   We,  

therefore, find and hold that on the Tribunal's own  

finding  the appellant was entitled to a sum of Rs.  

9,00,000/- towards his medical expenses added to the  

other amounts of compensation the sum of Rs.9,00,000/-  

would add up to Rs. 12,00,000/-, 60 per cent of which  

would be Rs. 7,20,000/-.  We also find and hold that  

the  appellant  is  entitled  to  the  aforesaid  sum  of  

Rs.7,20,000/- by way of compensation, the additional  

amount with interest at the rate of 12 per cent from  

the  date  of  the  Tribunal's  Award  till  the  date  of  

payment should be paid to the appellant within a period  

of two months from today.

In  the  result,  the  appeal  is  allowed  to  the  

extent indicated above but in the facts of the case,  

there will be no order as to costs.  

    ........................J      [AFTAB ALAM]

C.A. No. 5757 of 2005 6

    ........................J      [CHANDRAMAULI KR. PRASAD]

NEW DELHI SEPTEMBER 15, 2010.