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Madras High CourtCMP/19263/2016allowed

G. Ramasamy v. S. Kamban

2016-12-01Honourable Mr Justice T.Raja2 pages

C.M.P.No.19263 of 2016 in C.M.A. No.34 of 2014 T.RAJA, J.

This petition has been filed seeking permission to amend the value of the appeal in memo of valuation as Rs.8,30,000/- instead of Rs.2,00,000/- in the appeal.

2.It is seen that after the claimant met with an accident, he was taken to Government General Hospital, Chennai, where he was admitted as in-patient from 09.03.2012 to 23.03.2012 for a fracture of both bones at right leg, wound debridement and external fixation. Ex.P3/discharge summary shows that he has taken treatment from 10.04.2012 to 25.04.2012 and on 17.04.2012, realignment of the rod was done. Ex.P4/ discharge summary shows that he has taken treatment as in-patient at the above hospital from 17.05.2012 to 29.05.2012 and a surgery was also done on 19.05.2012. 3.Learned counsel for the Insurance Company/second respondent objected to the said prayer stating that there is no proof filed by the claimant to show that he has spend further expenditure.

T.RAJA,J.

vga 4.As the claimant has suffered the above said grievous injuries and for which he was taking treatment for a quite long time, he would have spent further expenditure and therefore, this Court is not able to accept the contention made by the Insurance Company/second respondent herein. Accordingly, this petition is allowed and the claimant is directed to pay the necessary additional court fee.

01.12.2016 vga C.M.P.No.19263 of 2016 in C.M.A. No.34 of 2014 http://www.judis.nic.in