IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 MACA.No. 512 of 2008() ---------------------- OPMV.737/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT -------------------------- A.SUDHAKARAN, S/O. KORAGA NAIK, ANAMAJALU HOUSE, MULIYAR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- 1. PRASANTH K., S/O. DAMODARAN T.T., THALIYIL, THAZHATHAVEETI HOUSE, KARUNATHUR POST, KANNUR DIST. 2. JAMEELA P., W/O. KUNHALI K.MOOLIADKA, BADIADKA VILLAGE, P.O.PERDALA, KASARAGOD TALUK. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CITY POINT BUILDING, PRESS CLUB JUNCTION, M.G.ROAD, KASARAGOD, P.O.KASARAGOD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 512 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 JUDGMENT Appellant/claimant met with an accident and he sustained 7% disability on the basis of the medical certificate issued by the Medical Board. The complaint of the appellant is that while calculating compensation for loss of earning power, compensation was not given under multiplier method. The Tribunal correctly found that he was a B.S.N.L. employee and as a result of the accident, his salary was not reduced and there was no loss of earning power as such. Considering the physical inconvenience caused Rs.15,00/- was awarded. Total compensation of Rs.76,500/- was awarded excluding the reimbursement of medical expenses. When earning power is not reduced, compensation need not be granted under multiplier method. 2. Considering the total amount awarded, we are of the view that reasonable compensation has been granted by the Tribunal. The next question is that the medical expenses paid were not given. Total amount of medical bill was Rs.74,417/-. His employer BSNL paid Rs.80,000/- advance and he refunded the balance amount after deducting the actual MACA 512/08 -2- medical expenses incurred by him. It is submitted that that is paid by the Insurance Company under a group insurance scheme made by the company. But facts remains that his medical expenses were reimbursed. It is held by the Supreme Court that the injury cannot be taken as a claim like a bonanza for claiming compensation. (see Divisional Controller, K.S.R.T.C. V. Mahadevashetty and another (2003)7 SCC 194). Appellant's employer reimbursed the medical expenses through group insurance policy and he cannot again claim reimbursement of medical expenses from the Insurance Company which insured the vehicle. 3. Considering the amount awarded, we are of the view that no enhancement is required. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge. mn.