United India Assurance Co.Ltd vs Haridas on 20 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1938 of 2005()


1. UNITED INDIA ASSURANCE CO.LTD.,
                      ...  Petitioner

                        Vs



1. HARIDAS, S/O.AYYAPPAN, AGED 42 YEARS,
                       ...       Respondent

2. HARIDASAN, S/O.BALAKRISHNAN,

3. P.MADHAVIKUTTY, AGE NOT KNOWN,

                For Petitioner  :SRI.N.S.MOHAMMED USMAN

                For Respondent  :SRI.K.C.ELDHO

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :20/01/2009

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                             C.K.ABDUL REHIM, JJ.
                ....................................................................
                           M.A.C.A. No.1938 of 2005
                ....................................................................
                Dated this the 20th day of January, 2009.

                                       JUDGMENT

Ramachandran Nair, J.

Appeal is filed by the Insurance Company seriously objecting

against the award passed by the MACT. We have heard counsel

appearing for the respondents also. On going through the award and

after hearing the parties, we do not think the award is sustainable

because MACT has liberally granted compensation more than what is

claimed under all heads without taking note of first respondent’s

regular employment in the Railways. The claimant’s hospitalisation

was only for one day and the major injury to him is amputation of part

of the left thumb. There is no finding that this caused any disability

from earning in as much as the claimant was allowed to continue in

service and he would be getting salary. Therefore, the concept of loss

of earning during service does not arise at all. If at all claimant is

entitled to compensation for loss of earning, it should be considered

only after retirement when he could take up some other job. It is seen

2

that Rs.15,000/- is granted towards medical expenses and a further sum

of Rs.5,000/- for future treatment without MACT caring to verify

whether such expenditure was incurred or likely to be incurred by the

claimant. On the whole, the order is absolutely arbitrary and

untenable. We, therefore, set aside the award with direction to the

MACT to hear both sides and decide the matter afresh, if required, after

taking evidence and after collecting documents produced by the parties.

The compensation deposited will be retained by the MACT and as and

when award is passed, eligible amount will be released to the claimant

and the balance if any will be refunded to the Insurance Company.

There will be direction to the MACT to hear the parties and decide the

matter afresh within a period of four months from date of production of

copy of this judgment by either party. The appeal is disposed of as

above.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms