Dismissed

The Oriental Insurance Company Ltd. v. K.K.Chandran

Kerala HC12 Nov 2013MACA/230/2011

Case brief

AI extract

What is this about?

The High Court dismissed the insurer's appeal challenging the Tribunal's award of medical expenses. The Court held that copies of medical bills could be validly accepted as the appellant failed to prove the originals' non-existence and the respondent, an indigent employee, could not obtain reimbursement from his employer.

What did the court decide?

The appeal challenging the award of medical expenses is dismissed and the original tribunal award is upheld.

The Oriental Insurance Company Ltd. Vs K.K.Chandran — Motor Accident Claims | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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TUESDAY, THE 12TH DAY OF NOVEMBER 2013/21ST KARTHIKA, 1935

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MACA.No. 230 of 2011 (C)

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-----------------------------------[O.P.(M.V).NO.910/2008 DTD. 08/10/2010 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA]

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APPELLANT/3RD RESPONDENT:

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THE ORIENTAL INSURANCE COMPANY LIMITED, EDAPPALLY, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18.

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BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV.SRI.P.JACOB MATHEW.

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RESPONDENT/PETITIONER:

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K.K.CHANDRAN, S/O. KUTTY, KIZHAKKEKUTTU HOUSE, PIRAYAR KARA, KIDANGOOR P.O, KOTTAYAM DISTRICT.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

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----------------------------------------------------------------M.A.C.A. No.230 of 2011

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Dated this the 12^th day of November, 2013

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J U D G M E N T

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S. Siri Jagan, J

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The insurance company, in O.P.(M.V.) No.910/2008 before the Motor Accidents Claims Tribunal, Pala, is the appellant herein. The O.P., was filed by the respondent herein, claiming compensation for the injuries and consequential disabilities sustained by him due to the negligent driving of a vehicle insured with the appellant. The tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:

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Sl.	Head of claim	Amount
No.		awarded₹
1	Loss of earning	9, 000
2	Transportation expenses	1, 000
3	Extra nourishment	1, 000
4	Damage to clothing	500
5	Medical expenses	49, 320
6	Bystander expenses	3, 000
7	Pain and suffering	18, 000
8	Loss of earning capacity	31, 680
9	Loss of amenities	8, 000
	Total	1, 21, 500

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M.A.C.A. No.230 of 2011

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Aggrieved by the award of compensation under the head medical expenses, the appellant has filed this appeal.

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According to the appellant, the bills produced were not original bills, but only copies. Although, the counsel for the insurance company opposed the marking of the bills, the tribunal marked the bills and accepted the same in evidence for proving medical expenses, which is unsustainable is the contention raised. According to the appellant, respondent had not explained, why he did not have the original bills. Withought the original bills, the tribunal could not have validly awarded compensation under the head medical expenses is the dispute raised by the appellant.

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We have considered the rival contentions

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of the appellant.

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The respondent sustained compound fracture of both bones of his right leg. He was granted loss of earnings for three months. He had produced copies of the bills for medical expenses. He was only a head load worker. There is no chance of him getting

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M.A.C.A. No.230 of 2011

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reimbursement of the bills from his employer. Apart form that, the respondent went to the box and stated that, he has not got the medical bills reimbursed from any authority. In the above circumstances, we do not find anything wrong in the tribunal accepting the bills as evidence of medical expenses. In the above circumstances, we do not find any merit in this appeal and accordingly, the same is dismissed.

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Sd/-

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S. Siri Jagan, Judge

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Sd/K. Ramakrishnan, Judge

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// True Copy //

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P.A. to Judge

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The Oriental Insurance Company Ltd. v. K.K.Chandran

Case brief

What is this about?

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The Oriental Insurance Company Ltd. v. K.K.Chandran

Case brief

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What did the court decide?

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