Order 5

Order Details: COPY OF ORDER
Pdf Text: MACT No. 02/2025
Sona Ram Kataria Vs. Ashudeen & Ors.
15.04.2025
Present : Sh. Akash Kumar, Ld. Counsel for applicant/DH.
Sh. Ramesh Kumar, Ld. Counsel for applicant/DH
(through VC).
Sh. G.S. Ahuja, Ld. Counsel for JD/Insurance Company.
The instant application for review has been filed on behalf
of DH submitting that the award was passed on 21.01.2025 and due to
inadvertence, the medical bills to the tune of Rs.1,09,82,186/- is left to
be considered / re-imbursed in the said award. It is submitted that the
witnesses of the petitioner have placed on record the documents duly
exhibited for an amount of Rs.1,39,78,534/- and additional bills of
Rs.44,62,892/-, however, earlier bills placed on record are left to be
considered in the said award. The witnesses PW-1 and PW-3 have
categorically stated before the Tribunal that an amount of
Rs.1,39,78,534/- and Rs.44,62,892/- were incurred as medical expenses
of the petitioner and the documents pertaining to the same have been
supplied earlier. Ld. Counsel has submitted that although the
department of the petitioner re-imbursed certain amount to the tune of
Rs.29,96,348/- as per para no. 4 of the application, however, the bills
annexed with the present application which had earlier been filed with
the record, are not the part of the said re-imbursement.
Contd….2
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A report has been filed by Ahlmad wherein it is submitted
that except the bills at serial no. 404 and 408, all other bills are filed on
record, however, without signatures and stamps. The report is shared
with both the counsels.
Ld. Counsel for petitioner has submitted that since the said
bills were not re-imbursed and incurred by the family members of the
petitioner, they may be re-imbursed with accrued interest there upon for
which the present application be allowed and separate award may be
passed.
It is submitted on behalf of Insurance Company that
although earlier the copy of the said bills were supplied, however, as of
now he is not having the copy of the same but since the bills are required
to be verified, some time may be given for verification of the same. It is
also submitted that the petitioner has admitted that these bills were not
the part of the re-imbursement of the department, therefore, verification
is necessary.
Heard. Perused.
Let a separate set of bills be supplied to Ld. Counsel for
JD/Insurance Company so that verification will be done by the
Insurance company regarding their authenticity and re-imbursement.
It is directed to the Insurance company to immediately pay
the awarded amount to the DH as per Award, as the present application
is for the bills which are not considered in the Award and if at all
application is allowed, the bills will over and above the bills which are
not considered in the award.
Contd….3
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So far as the plea of the Insurance company that interest
component may be stopped regarding the bills which are subject matter
of this application, the said plea is declined.
Put up on 30.05.2025 for filing the report by Insurance
company.
Copy of this order be given dasti to Ld. Counsel for
respondent no.3/Insurance Company.
(DR. PANKAJ SHARMA)
PO, MACT-02, CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
15.04.2025(A)
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