IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MACA.No. 200 of 2003() -------------------------------- OPMV.3033/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ------------------------------------- K.K.RAJU, AGED 40 YEARS S/O.KUMARAN, KOONETH HOUSE, KADUNGAMANGALAM, THIRUVANKULAM. BY ADV. SRI.K.A.SHAMSUDEEN SRI.MANZOOR ALI.K.A. RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. A.V.REMADEVI, W/O. K.N.SATHEESHKUMAR, NO.16, VRINDAVAN COLONY, PATTOM, TRIVANDRUM 2. SATHEESHKUMAR, NO.16, VRINDAVAN COLONY PATTOM, TRIVANDRUM. 3. THE KERALA STATE INSURANCE DEPARTMENT, THYCAUD, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN- R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A.NO. 200 OF 2003 = = = = = = = = = = = = = = = Dated this the 29th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in OP(MV)3033/96. The claimant a driver in P.C. Varghese and Company sustained injuries in a road accident while he was walking along the Attingal - Trivandrum National High Way. According to him a car driven by the 2nd respondent hit on him resulting in injuries to him. The Tribunal on the basis of a certificate which is marked as Ext.A11 held that he had already received benefits and therefore he is not entitled to claim any compensation. 2. The accident had taken place while he was walking along the road that too in a different place and it has nothing to do with the employment. Compensation under the Workmen's Compensation Act is provided only to those persons who sustain employment injuries. Here, there is no case for any person that it is an employment injury. Ext.A11 MFA 200 of 2003 -2- only evidences one fact namely when he left the job he was given some benefits due under the labour law. Therefore the question of awarding compensation under the Workmen's Compensation Act in this case may not arise at all. But, anyhow, if the contesting respondents are able to establish that he had been paid the compensation under the Workmen's Compensation Act and the accident had taken place during the course of the employment, it can be considered under Section 67 of the M.V. Act and therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant as well as respondents are entitled to raise their respective contentions and can produce both documentary and oral evidence and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 2.9.08 and being an old case of 1996, expeditious disposal may attempted to be made. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- MFA 200 of 2003 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 200 OF 2003 = = = = = = = = = = = J U D G M E N T 29th July, 2008.