The main legal point established in the judgment is that the claimant is not entitled to double compensation, and the amount received from another insurance company should be deducted from the compensation awarded.

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 not entitled to claim the same once again from the appellant insurance company. Therefore, respondent No. 1 is not entitled for the amount which was reimbursed by Star Health Insurance Company. The learned counsel further submitted that in the claim petition, the respondent No. 1 had claimed a sum of Rs. 2,50,000 towards medical treatment; and he has also produced documentary evidence before the Tribunal, marked as Exhs. P9 to P13 and P17, to show that he had spent a sum of Rs. 2,88,100 towards medical treatment. But before the Tribunal, the appellant insurance company had taken a stand that the amount of Rs. 2,00,000 spent for medical expenses was reimbursed by Star Health Insurance Company under mediclaim policy and, therefore, he is not entitled for the entire expenses incurred towards medical treatment. But the Tribunal without assigning any valid reason has awarded the entire sum of Rs. 2,88,100 towards medical treatment. Therefore, the said amount awarded under the medical treatment is liable to be deducted from the award amount. In support of his contentions, learned counsel relied on the judgments in Mrs. Helen C. Rebello and Others Vs. Maharashtra State Road Transport Corpn. and Another, (1999) 1 SCC 90, and United India Insurance Co. Ltd. Vs. Patricia Jean Mahajan and Others Etc. Etc., (2002) 6 SCC 281,

4. Per contra, the learned counsel for the respondent No. 1-claimant submitted that the amount reimbursed by Star Health Insurance Company cannot be deducted while awarding the compensation because the amount was paid by Star Health Insurance Company under the contract of insurance, for which he has paid the premium. In support of this contention, the learned counsel relied on the decisions in Mrs. Helen C. Rebello and Others Vs. Maharashtra State Road Transport Corpn. and Another, (supra) and Vrajesh Navnitlal Desai Vs. K. Bagyam and Another, (supra)

5. In view of the submissions made by the learned counsel appearing on either side, the question that has arisen for consideration in this appeal is, whether the amount awarded by the Tribunal towards medical expenses incurred by the respondent No. 1, having been reimbursed by Star Health Insurance Company under a mediclaim policy, is liable to be deducted?

6. On a perusal of the award, I find that the Manager of Star Health Insurance Company, PW 4, has stated in his evidence that Rs. 2,00,000 had been paid to Kovai Medical Centre Hospital towards the medical expenses incurred by the injured since the victim, being a government employee, was covered by Star Health Insurance Company. It is the contention of the respondent No. 1-claimant that the amount reimbursed by Star Health Insurance Company cannot be deducted from the award amount because the reimbursement was under the contract of insurance, f