IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 1844 of 2005() ----------------------- OPMV.1936/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT: ----------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, NEYYATTINKARA, NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT/PETITIONER: ----------------------- RAMAR, S/O.CHELLAYA, 10 MURILAYAM, PUTHUKKAD DIVISION, AATTUKATTU KARA, PALLIVASAL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.SAIBY JOSE KIDANGOOR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008 ALONG WITH MACA NO.42 OF 2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA.1844/05 ORDER IN I.A.NO.3335/2005 IN M.A.C.A.1844/2005 DISMISSED. 10.7.2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.1844 OF 2005 (B) & M.A.C.A.NO.42 OF 2006 (A) ----------------------------------- Dated this the 10th day of July, 2008 J U D G M E N T KOSHY,J. A worker in the Packing division of the Tata Tea Limited sustained injuries in a motor accident on 8.5.2001. Immediately he was admitted in Tata Tea Hospital and thereafter for further treatment, he was referred to Sanjo Hospital, Perumbavoor. As a result of the accident, there was fracture on the right femur. He was treated as an inpatient from 29.6.2001 to 12.7.2001. Tribunal has granted Rs.90,000/- and directed the 3rd respondent Insurance company to deposit the amount. Contending that the amount awarded is on the high side, insurance company filed M.A.C.A.No.1844/2005. Contending that the amount awarded was inadequate, claimant filed M.A.C.A.No.42/2006. Only M.A.C.A.NO.1844 OF 2005 (B) & M.A.C.A.NO.42 OF 2006 (A) 2 dispute is regarding the quantum of compensation. 2. Tribunal found that as per Ext.A6, his monthly income was Rs.2,071.16/-. Considering the injuries, he was not able to work for a period of four months and tribunal has granted Rs.8,000/- at the rate of Rs.2,000/- per month. According to the claimants, he was on leave for about 11 months. But we note that being a plantation worker, he will get sickness benefits. Therefore, Rs.8,000/- granted for loss of earning needs no interference. As a result of the accident, he did not lose any earing capacity. He continued in employment. Therefore, it cannot be stated that total amount of Rs.90,000/- for actual earning, permanent disability, loss of amenities etc. is very low. Contention of the Insurance company is that Rs.38,000/- was awarded for medical expenses. Medical bills produced were duplicate and considering the plantation rules, Rs.38,000/- granted for reimbursement should not have been made by the tribunal. It is the case of the claimants that original bills were lost and M.A.C.A.NO.1844 OF 2005 (B) & M.A.C.A.NO.42 OF 2006 (A) 3 duplicates were obtained. He was treated not in the employers hospital but in the hospital not covered under the Plantations Labour Rules. The correctness of the medical bills were not disputed before the tribunal. Considering the injuries suffered by the claimants, after effects and totality of the circumstances, we are of the opinion that Insurance company also failed to show that excess amount was awarded. Amount awarded by the tribunal is just and reasonable. Hence, both appeals are dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008