The insurance company can offset amounts received under a mediclaim policy against compensation awarded for medical expenses related to the same injury.

JUDGMENT

This appeal has been filed by the 3^rd respondent, Insurance Company in OP (MV) No.752/2013 on the files of the Motor Accidents Claims Tribunal, Muvattupuzha (for short 'the Tribunal') challenging the award passed under the head Medical treatment charges. The respondent herein is the claimant before the Tribunal.

2. The brief facts of the case is as follows:-

On 17.05.2013 while the claimant was riding a motorcycle bearing Reg.No.KL-17/F 5474 through Ramamangalam-Choondi public road, a car bearing Reg.No.KL-5/P1954 driven by the 2^nd respondent in a rash and negligent manner hit against the claimant and thus he sustained serious injuries. The claimant approached the Tribunal claiming a total amount of ₹2,50,000/-.

3. Respondents 1 to 3 were the owner, driver and insurer of the offending vehicle, respectively. Before the Tribunal R1 and R2 remained ex parte. R3 insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. It was also contended that there was an absence of valid driving license to the second respondent. Before the tribunal PW1 was examined and Exts.A1 to A12, A13 series and Ext.B1 were marked. The Tribunal after analysing the pleadings and materials on record, awarded an amount of ₹1,98,307/- rounded to ₹1,98,300/- with 9% interest and proportionate costs and directed to recover the same from R1 and R2. Challenging the quantum of compensation claimed, the third respondent insurer has come up in appeal.

4. I have heard the learned Standing Counsel appearing for the Insurance Company and the learned counsel appearing for the respondent/claimant.

5. The learned Standing Counsel appearing for the Insurance Company submitted that they are challenging the award mainly regarding the compensation paid under the head medical treatment charges. The Tribunal has awarded an amount of ₹85,240/- under the afore head. The learned Standing Counsel appearing for the Insurance Company submitted that the Finance officer of the Medical College Hospital, Kolenchery was examined as PW1 and he testified that the original bill was sent to the Insurance company in connection with the mediclaim policy. It was also submitted by the PW1 that an amount of ₹85,240/- was also remitted to the hospital. The learned counsel relied on the judgment of this court in National Insurance Company Ltd.

Vs. Akber Badsha [2015 (4) KLT 442] wherein it was held that “the insurance Company is entitled to set off the amount satisfied in respect of medical bills with regard to the same injuries under Mediclaim policy.”

6. However the learned counsel appearing for the claimant submitted that on the basis of the evidence deduced by the Finance Officer of Medical College Hospital, Kolenchery the Tribunal had awarded ₹85,240/- towards medical treatment expenses. Hence he is entitled to claim the same.

7. I have considered the rival contentions raised by both sides.

8. On perusal of paragraph 11 of the award, it is seen that the claimant had produced before the Tribunal only the photocopies of the documents and the originals were not produced. While PW1 was examined, he had stated that the originals of the medical bills were given to another Insurance Company in connection with the mediclaim policy. He has also admitted that an amount of ₹85,240/- was remitted at hospital against the treatment claim. Since the original bills were not produced before the Tribunal and the said bills were given before another Insurance Company under the mediclaim policy, it has to be presumed that the claimant might have received that amount towards mediclaim policy. I find that awardi