Expenses incurred without submitting receipts cannot be compensated

Expenses incurred without submitting receipts cannot be compensated written by Diksha Sharma student of Government Law College, Mumbai

Sushil Kumar vs Ramesh Kumar

Facts:

A tempo being driven by the petitioner collided with a bus, the driver of which was said to be driving in a negligent and rash manner. As a consequence, the tempo was found in a bad state and the petitioner sustained many injuries due to the accident. A petition was filed for a claim of compensation but aggrieved with the award made by the tribunal; an appeal was filed in the High Court for enhancement of the award.

Issues:

Whether the tribunal had erred in the calculation of the compensation?

Legal provisions:

• Minimum Wages Act, 1948
• Section 171, Motor Vehicles Act, 1988 – Award of interest where any claim is allowed

Appellant’s Contention:

It was submitted by the learned counsel appearing on behalf of the appellant that the tribunal court had erred in estimating the income of the appellant, on the basis of which loss of income should be taken into consideration for enhancement. The appellant had to incur a huge expense on account of medical treatment but somehow is unable to produce the medical bills. As per the facts, the court should consider enhancing the award towards conveyance, special diet, mental pain and suffering, and permanent disability. The rate of interest should be increased from 9% p.a. to 12% p.a.

Respondent’s Contention:

It was contented by the counsel representing the respondent that the appellant had contributed to the accident as he was found in an intoxicated state, thus he is liable to be attributed 25% contributory negligence on his part. The award decided by the tribunal is just and fair and does not require any alterations.

Observations of the court:

After perusing the contentions and the award made by the tribunal court it was observed that no proof was submitted to bring the income of the appellant on record. Considering the compensation towards conveyance, special diet expenses, mental pain and suffering there did not lie any infirmity and does not require any interference with the same. The appellant has been rightly attributed 25% contributory negligence by the tribunal court. The court does not find any justifiable reason to enhance the rate of interest from 9% to 12%. Since, no rate of interest is fixed under Motor Vehicles Act and is awarded only in cases where a party has been kept out of money, which should have been paid to him.

Judgment:

The court enhanced the award to Rs.2,25,420/- from Rs. 1,78,000/- along with interest @ 7.5% p.a. on account of wrongly assessing the income of the claimant.