ANOOP JAYAKUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) Applicant in E.C.C.No.49/2023 of the court of the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode has filed this appeal distressed by the denial of the claim for reimbursement of medical expenses to the tune of Rs.5,84,474/- for non-production of the original bills.

(2.) Appellant sustained personal injuries out of and in the course of his employment as a driver under the 1 st respondent in his jeep bearing registration No.KL-11B-7713 on 10.1.2021. Appellant was treated in MIMS Hospital, Calicut and his right hand was amputated.

(3.) Before the Commissioner, appellant was examined as AW1 and Exts.A1 to A17 and Ext.X1 were marked on his side. First respondent was examined as RW1. Learned Commissioner found that the appellant was an employee as defined under the Employees Compensation Act,1923 (hereinafter referred to as "the Act") and the accident occurred during and in the course of his employment. Learned Commissioner adopted the monthly wages of the appellant as Rs.15,000/- and determined the compensation on the basis of the same. An amount of Rs.17,06,040/- was granted as compensation with simple interest at the rate of 12% per annum from the date of accident till realisation. Towards treatment expenses, an amount of Rs.46,970/- was granted with interest at the rate of 12% from the date of filing of the application till the date of deposit. Appellant produced some medical bills as Exts.A12 and A13. Learned Commissioner, on scrutiny of the bills, noticed that the same were duplicate bills not properly authenticated as per the proviso to Rule 3A of the Employees Compensation Rules, 1958 (Kerala) (hereinafter referred to as "Kerala Rules"). Hence, those bills were not accepted for reimbursement of medical expenses. Aggrieved by the same, the present appeal has been filed.