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2018 Supreme(P&H) 2633

ANIL KSHETARPAL
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Harminder Singh Rosha – Respondent


Advocates Appeared:Ms. Vandana Malhotra, Advocate for the appellant (In FAO Nos.4755, 4759 and 5758 of 2016) and for respondent No.3 (In FAO No.3590 of 2016)
Mr. Ashit Malik, Advocate with Ms. Savita Rana, Advocate for appellant (In FAO No.3590 of 2016) and for respondent No.1 (In FAO Nos.4755 and 4759 of 2016)

JUDGMENT

Mr. Anil Kshetarpal, J. - Arguments were heard. Judgment was reserved. The judgment is being released.

2. By this common judgment, four appeals, three filed by the Insurance Company and one filed by the Injured-Claimant arising from one accident resulting in filing of three claim petitions disposed of by a common judgment shall stand decided.

3. In the considered opinion of this Court, two issues which need determination, are as follows:-

1. Whether an amount received by the injured-claimant or legal heirs of the deceased towards reimbursement of hospital charges on account of its own mediclaim policy, is liable to be adjusted while adjudicating the compensation payable under the head of medical expenses?

2. Whether an amount received by the insured from his own Insurance Company on account of damage to the vehicle, is liable to be adjusted while calculating the amount of compensation payable or not? Let us first take the issue No.1:-

4. Arguments have been heard in detail from the learned counsel for the parties. Both the learned counsels have relied upon the various



































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