ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. SAIJU

JUDGEMENT

(1.) M.F.A.(ECC)No.86/2024 is filed by the second opposite party (insurer) in E.C.C.No.88/2018 of the Employees Compensation Commissioner and Industrial Tribunal, Thiruvananthapuram aggrieved by granting of compensation to the 1st respondent/applicant. M.F.A.(ECC)No.14/2025 is filed by the applicant in the E.C.C. aggrieved by limiting of interest for the medical reimbursement from the date of filing of the claim petition. Hereafter the parties will be referred to as they are arrayed in M.F.A.(ECC)No.86/2024.

(2.) The 1st respondent met with an accident on 5/6/2013 while he was driving a private car owned by the 2nd respondent. He suffered serious injuries and is now bedbound. He filed the compensation case through his mother acting as the power of attorney holder. The 2nd respondent is the sister-in-law of the 1st respondent.

(3.) Husband of the 2nd respondent is the elder brother of the 1st respondent. On 5/6/2013 around mid-night, the 1st respondent was driving the private car owned by the 2nd respondent from Thiruvananthapuram to Kanjiramkulam. The brother of the 1st respondent had parked the car in the railway station. The 1st respondent was bringing back the vehicle to Kanjiramkulam. On the way, the car dashed against a wall and was capsized. A relative of the 1st respondent who travelled with him died in the accident. The 1st respondent sustained very serious injuries.