M.N. Krishnan, J.

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3427/03. The insurance company has come up in appeal challenging the refusal to reduce the amount which the claimant has obtained under the medi-claim policy. The cross objection is filed by the claimant for enhancement of the compensation. It is seen that the 2nd respondent in the claim petition is dead. But since I am going to deal with the substantial question of law and as none of his legal representatives has chosen to come on record or challenge the award, his name is deleted from the party array. It is so done because the insurance coverage is admitted.

2. The short question that falls for determination when the amount under the Medical Insurance policy is received whether the claimant is again entitled to claim that amount from the tortfeasor. The learned counsel for the insurance company would contend it amounts to double payment and there will be unjust enrichment and therefore the claimants should not be granted that amount. On the contra the learned counsel for the claimant would contend that medical claim policy is altogether a different cont