G. P. MITTAL, J.

1. The Appellant impugns the Award passed by the Motor Accident Claims Tribunal (the Tribunal), whereby the Respondent No.1 (Petitioner in Suit No. 217/08) was granted a compensation of Rs.3,51,270/- due to the injuries i.e. Facture proximal tibia left (Schatzker – VI) with fracture pilon right fracture bimalleolar, caused to him on account of a road accident.

2. On 07.04.2006, the Respondent No.1 and Sudhershan Arora (Petitioner in Suit No.224/08) were walking together; when they were crossing the Outer Ring Road, A&B Block, Meera Bagh, Delhi, a car bearing No. DL-4-C-AG-1583 hit them due to which they fell on the road and got injured. The Appellant herein, have preferred to file an appeal in Suit No.217/08.

3. The main contention of the Appellant is that the Respondent No.1 (Claimant- PW3) admitted to have received Rs.1,43,921 from his medi-claim policy, while deposing before the Tribunal. Therefore, in view of this admission he was not entitled to receive any reimbursement from the insurer of the offending vehicle for the expenditure he incurred for the medical treatment, which he underwent due to the accident.

4. In United India Insurance Co. Ltd. v. Pa