C.Hemanth v. Gorla Venkateswar Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.12.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Rev. Appl. No. 203 of 2023 C.Hemanth

...Petitioner

Vs.

1. Gorla Venkateswar Rao, Paparaju Kandriga Village, Vadamalapet Mandal, Chittoor Dt. Andhra Pradesh.

2. ICICI Lombard General Insurance Co. Ltd., Arihant Plaza No,84 and 85, Wall Tax Road, Chennai - 600 003.

...Respondents

Prayer: Review Petition is filed under Order 47 Rule 1 read with 114 of Civil Procedure Code to review the order dated 10.10.2022 passed in C.M.A. No.1335 of 2017 on the file of this Court. 1/6

For Appellant :

Ms. S.R.Suga For Respondent 2 :

Mrs. R.Sree Vidya.

JUDGMENT

The above Review Application is filed stating that when calculating the medical expenses the Tribunal below has committed an error in the calculation which by oversight has been omitted to be brought to the notice of this Court when the Judgement in the above appeal was passed. Therefore, the petitioner is before this Court.

2. When the matter had come up for admission, this Court had directed the petitioner to serve notice on the learned counsel who had appeared for the 2nd respondent / Insurance Company on whom the Ex.P.11 medical bills had been handed over and the matter was directed to be listed today.

3. Mrs. Sree Vidhya, learned counsel for the 2nd respondent 2/6

would fairly concede that under the head of medical expenses there is a miscalculation.

4. It is seen that the Tribunal has awarded only a sum of Rs.4,30,600/- as against the sum of Rs.6,73,795/- for Medical bills. It is further seen that though the transportation bills were given to the tune of Rs.26,726/-, the Tribunal has only awarded a sum of Rs.20,000/. Therefore, the award under the head of Medical Bills is enhanced from a sum of Rs.4,30,600/- to the sum of Rs.6,73,795/-. Likewise, the amount granted under the head of Transportation is enhanced from a sum of Rs.20,000/- to Rs.26,726/-.

5. The Review is allowed and the Judgement passed in C.M.A.No.1335 of 2017 dated 10.10.2022 is modified as above. No costs.

21.12.2023 Index : Yes/No Internet : Yes/No 3/6

kan To The Motor Accident Claims Tribunal (IV Judge, Court of Small Causes) at Chennai. 4/6

P.T. ASHA, J, kan 5/6

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