J.R. MIDHA, J.

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of `4,13,565/-to respondent No.1. The appellant has challenged the award of the Claims Tribunal only to the extent of `64,139/-on the ground that respondent No.1 has already received the said amount from the insurance company under a medi-claim policy. It is submitted that respondent No.1 has not suffered any loss with respect to the said amount since respondent No.1 has already received the said amount under the medi-claim insurance policy. It is submitted that the award of `64,139/-amounts to double payment as well as unjust. The learned counsel for respondent No.1 admits that respondent No.1 has received `64,139/-under the mediclaim policy as recorded in para 11 of the award.

2. This case is covered by the judgment of the Supreme Court in United India Insurance Company Ltd. v. Patricia Jean Mahajan, AIR 2002 SC 2607 in which it was held that the claimant is not entitled to claim compensation in respect of the benefit received as a consequence of the injuries sustained which otherwise he would not have been entitled to. The findings of the Supreme Court are as under:-

“23.