P.R.RAMACHANDRA MENON, K.HARILAL
National Insurance Company Ltd. – Appellant
Versus
Akber Badsha – Respondent
P.R. Ramachandra Menon, J.
1. This appeal is placed before us by virtue of the 'Reference Order' dated 14.07.2015 passed by the learned single Judge, doubting correctness of the decision rendered by another learned single Judge reported in National Insurance Company Ltd. v. V.S. Bijumon & Ors., (2011 (2) KLT 20), which has been relied on by the Tribunal to decline the relief sought for by the Insurance Company for setting off the amount obtained by the claimant under a separate 'Mediclaim policy' in connection with the same injuries sustained in a road traffic accident. The point to be considered is whether reimbursement of the medical expenses under a 'Mediclaim policy' is liable to be set off from the amount of compensation worked out under S. 166 of the Motor Vehicles Act, in relation to the statutory obligation under S. 147(2) of the Act. Gist of the factual position for the purpose of deciding this issue is that the claimant, while travelling in a car bearing No. KL.07.AX/4114 sustained injuries on 21.01.2008, when the said car collided with a Maruti car bearing No. KL.07.AV.7338, parked on the side of the road, was suddenly taken to the road without any signal. Serio
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