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2012 Supreme(Mad) 4924

R.SUBBIAH
Cholamandalam Ms. General Insurance Co. Ltd. – Appellant
Versus
A. Saravanan – Respondent


Advocates Appeared:
For the Appellant : S. Srinivasa Raghavan
For the Respondent: T. Selvakumaran

JUDGMENT :

R. Subbiah, J.

Challenging the award dated 8.9.2010 passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Karur, in M.C. O.P. No. 52 of 2009, Cholamandalam MS General Insurance Co. Ltd. has filed the present appeal. At the outset, the learned counsel for the appellant insurance company fairly submitted that the present appeal is filed questioning a sum of Rs. 2,88,100 awarded by the Tribunal towards the medical expenses incurred by the injured.

2. According to the respondent No. 1-claimant, he made a claim for a sum of Rs. 7,00,000 as compensation for the injuries sustained by him in the accident that had occurred on 29.11.2008 involving the vehicle insured with the appellant insurance company. The Tribunal, after analysing the entire evidence, has passed an award for a sum of Rs. 3,83,100 consisting of the sum of Rs. 2,88,100 towards the medical expenses incurred by the victim.

3. With regard to the medical expenses awarded to the victim, it is the case of the appellant insurance company that a sum of Rs. 2,00,000 has already been reimbursed to the claimant by Star Health Insurance Company under the mediclaim policy and, as such, the claimant is n










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