Satyabrata Sinha, J. - (1.)This appeal is directed against an award dated 17-10-1994 passed by Shri S. K. Ray, Sole Member, Motor Accident Claims Tribunal Andaman & Nicobar Islands, in a M.A.C.T. Case No. 9 of 1991 whereby and where under the said learned Judge allowed the application filed by the claimant-appellant U/S. 166 of the Motor Vehicles Act, 1988 in part and awarded a sum of Rs. 66,976/- to the appellant. The fact of the matter is not disputed. The appellant is a Head Master of a Government Middle School. At the material time when the accident took place, he was aged 45 years. On 28-7-1990, at about 1200 hours (noon), he was proceeding on his scooter from Youth Hostel. In from of the Girls School, a Taxi bearing Registration No. AN 7870 was coming from opposite side at a very high speed whereupon the appellant took turn to the left side of the road; but the said Taxi dashed with the appellant's scooter as a result whereof he was thrown of therefrom. It is admitted that he sustained severe head injuries and became unconscious at the spot. Dr. Lt. Col. J. R. Sharma, Surgical Specialist (P.W.-4), treated the injured appellant. On apprehending that the appellant may not survive, the Doctor (P.W.-4) referred the appellant to the Government General Hospital, Madras, accompanied by his wife as an attendant. The appellant, however, instead of being admitted in the Government General Hospital, Madras, was admitted by his relatives at the Appollo Hospital, Madras. A sum of Rs. 26,038.45 Paise was incurred by him towards his medical treatment at the said Hospital. Before the learned Tribunal below, the appellant had produced various documents, vouchers etc. to prove the expenditure incurred by him towards food, lodge etc. The learned Tribunal below, as indicated herein below, allowed the application filed by the appellant in part but disallowed his claim as regards his expenditure incurred by him at the Appollo Hospital, Madras, as also the charges for boarding and lodging.
(2.)Mr. D. R. Parek , the learned Advocate appearing on behalf of the appellant, submitted that the learned Tribunal below committed a serious error of law in not allowing the amount of expenditure incurred by the appellant at Appollo Hospital, Madras only on the ground that the appellant was referred to the Govt. General Hospital, Madras. Mr. Parekh. the learned Advocate, in this connection, has drawn our attention to the statements made in paragraphs 12 and 14 of the Judgment dated 17-10-1994 passed by the learned Tribunal below. The learned Advocate, further contended that the learned Tribunal below had committed an error of record, inasmuch as, he arrived at a finding that the appellant incurred a huge expenditure to the extent of lakhs of rupees in undergoing medical treatment at a private hospital, namely, Appollo Hospital at Madras, which cannot be said to be justifiable in accordance with the claim of special damage awarded under Sec. 166 of the Motor Vehicles Act, 1988, although it would be evident from Annexure- 'A' to the appellant's claim application that the appellant had merely claimed a sum of Rs. 26,038.45 Paise towards the said expenditure.
(3.)Mr. A. K. Roy, the learned Advocate appearing on behalf of the Respondent No. 1 (United India Insurance Co. Ltd.), however, submitted that there exists a reciprocal agreement in terms whereof the appellant also could get himself treated free of cost at the Government General Hospital, Madras, whereto he was referred by the Doctor (P.W.-4).
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