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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Bindhu Varghese, W/o. Abraham Varghese – Appellant
Versus
Divisional Manager, New India Assurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of the motor vehicle accident case. (Para 1 , 2 , 3) |
| 2. tribunal's compensation ruling. (Para 5) |
| 3. arguments regarding personal accident coverage. (Para 7 , 8) |
| 4. central issue of compensation deduction. (Para 9 , 10) |
| 5. differentiating mediclaim from personal accident cover. (Para 11 , 12 , 13 , 14) |
| 6. supreme court's clarification on insurance benefits. (Para 15 , 16) |
| 7. mandatory nature of personal accident coverage. (Para 18 , 19) |
| 8. judgment allowing appeal and enhancing compensation. (Para 20) |
JUDGMENT :
JOBIN SEBASTIAN, J.
The claimants in O.P.(MV).No. 511 of 2017 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, have preferred this appeal seeking enhancement of the compensation awarded by the tribunal on account of the death of one Abraham Varghese, who died in a motor accident that occurred on 27.12.2016.
2. The brief facts of the case are as follows:-
On 27.12.2016, while the deceased, Sri. Abraham Varghese was driving an autorickshaw bearing registration No.KL-03-AA-2959, through Pathanamthitta - Kozhenchery public road, and when reached at Elathoor junction, another autorikshaw bearing registration No.KL-03/S/4523, driven by the 1st respo
Amounts received under compulsory personal accident coverage cannot be deducted from compensation awarded under the Motor Vehicles Act, as they serve distinct purposes and should not benefit the tort....
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
Amounts received under a mediclaim policy are not deductible from compensation under the Motor Vehicles Act, affirming the separation of contractual and statutory rights.
A borrower of a vehicle is entitled to personal accident coverage under the insurance policy, despite not being the owner.
Amounts received under a Mediclaim policy are not deductible from motor accident compensation awarded by a tribunal as contractual and statutory entitlements arise from distinct sources and cannot be....
The tortfeasor's liability for compensation remains despite the claimant's receipt of medical expenses from a mediclaim policy.
(1) Death in motor accident – Amounts received by dependants of deceased under employer-provided group insurance or other contractual or social security benefits cannot be treated as “pecuniary advan....
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