PANJIM: Setting aside the impugned order of the Motor Accident Claims Tribunal, the High Court of Bombay at Goa on Friday allowed the victim to produce documents including the pharmacy bills.
High Court single bench Judge Justice Mahesh Sonak said that the Tribunals are constituted to ensure that victims and dependents secure not only a speedy determination of the compensation due to them but that they receive compensation without being bogged down by complicated legal procedures which are normally involved in civil suits or other civil proceedings.
Remedina Vaz, a fisherwoman and widow from Savorgal, Shiroda had appealed against the Motor Accident Claims Tribunal dismissing her claim to produce pharmacy bills and two receipts from the physiotherapist to seek compensation for the injuries sustained by her in a vehicular accident on March 7, 2022.
Arguing on behalf of the petitioner, Adv Milton Marshal submitted that the approval of the Tribunal was hyper-technical. He said that a doctor was to be examined while in one of the bills, no name of the claimant appeared because the medicines were purchased by some other person on behalf of her. The same was with regard to another bill, he said and prayed that the impugned order be set aside and that her petition be allowed.
Adv A R S Netravalkar, representing the insurance company vehemently opposed the grant of any relief in the petition. Stating that the Tribunal had passed a well-reasoned order, he pointed out in the absence of prescriptions no amount of pharmacy bills can be taken into account. He said that two receipts from the physiotherapist claiming that Rs 20,000 has been spent was exorbitant and that no explanation was given why these documents were not produced earlier.
The Court said that the approach of the Tribunal in such matters has to be liberal and flexible. The act contemplates a summary inquiry and expeditious determination and therefore the niceties of the procedure should not hamper the determination of just compensation.
