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HANCHATE SANJEEVKUMAR
Oriental Insurance Co. Ltd. – Appellant
Versus
S. Hanumanthappa, S/o Sri. Sanjeevappa – Respondent
JUDGMENT :
This appeal is filed under Section-173(1), of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant/insurance company, challenging the judgment and award dated 22.03.2013, passed in MVC No.3314/2009, on the file of Special XI Additional Judge and MACT, at Bangalore (SCCH-12) (hereinafter referred to as ‘the Tribunal’ for brevity).
2. The accident occurred, the injuries sustained and the liability of the insurance company are not in dispute.
3. The question to be considered in this appeal is whether once the claimant has got reimbursement of the medical expenses under the Mediclaim Policy, can be awarded once again under the medical expenses and hospitalisation charges, while determining compensation under the MV Act.
4. In the present case, the Tribunal has awarded compensation under various heads as follows:
| Sl. No. |
| Amount in Rs. |
| 1 | Pain and suffering | 50,000-00 |
| 2 | Loss of income during treatment period | 16,000-00 |
| 3 | Medical expenses | 5,24,639-00 |
| 4 | Loss of future earning | 43,200-00 |
| 5 | Loss of amenities | 10,000-00 |
| 6 | Attendant charges, conveyance, nourishment and diet etc. | 10,000-00 |
|
| ||
Compensation awarded under the Motor Vehicles Act must deduct amounts reimbursed under a Mediclaim policy to prevent double recovery.
Amounts received under a mediclaim policy are not deductible from compensation under the Motor Vehicles Act, affirming the separation of contractual and statutory rights.
Negligence in motor vehicle accidents is assessed based on evidence and preponderance of probabilities; amounts received under mediclaim policies are not deducted from statutory compensation under th....
Insurers may set off previously reimbursed medical expenses against future claims arising from the same injuries.
The tortfeasor's liability for compensation remains despite the claimant's receipt of medical expenses from a mediclaim policy.
The main legal point established in the judgment is the determination of liability for a motor vehicle accident and the principles governing the calculation of compensation under the Motor Vehicles A....
The insurance company can offset amounts received under a mediclaim policy against compensation awarded for medical expenses related to the same injury.
The court held that the Claims Tribunal's compensation assessment was inadequate, leading to an enhancement of the total compensation to Rs.1,84,000/- for injuries sustained in a motor vehicle accide....
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
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