External view of Bombay High Court. | Photo Credit: Vivek Bendre
The sum of the person received within the policy of Mediclaim cannot be deducted from the amount of remuneration due to the expenses for treatment according to the provisions of the Motor Vehicles Act, Bombay High Court said.
The amount within the policy of Mediclaim is received with regard to the contract concluded by the applicant with the insurance company, full of judges’ benches, such as Chandurkar, Milind Jadhav and Gauri Gods in their judgment 28 March.
“In our opinion, the deduction of any amount received by the applicant within the policy of Mediclaim would not be permissible,” said the bench.
The problem was transferred to a full bench after different benches with individual and divisions had different opinions.
The whole bench, as it refers to the judgments issued by the Supreme Court, said the Tribunal for Motor accident accidents was not authorized, but also bound to the granting of fair compensation.
She stated that the amount received due to insurance is caused by contractual obligations insured in the company.
After paying the premium, it was clear that the beneficial amount would accumulate the share of the applicant either in the maturity of politics or after death, whatever the way of death, the court said.
“Tortfeasor (offender) cannot take advantage of foresight and wise financial investments that died. This is a settled position of law,” the court said.
The whole bench was heard an appeal lodged with the new India Assurance Co LTD against the judgment of the Court of Automotive Court, which granted money compensation and over medical expenses.
The insurance company claimed that treatment expenses were also covered in insurance money received in the policy of Mediclaim.
The company said it would mean double compensation.
Attorney Gautam Ankhad, appointed as Amicus Curiae to help the court, claimed that the provisions of the Act on Motor Vehicles concerning health expenditures must be interpreted in favor of the applicant/victim because these are legislation.
He also stated that the insurer did not lose loss because he received a bonus from the insured.
However, if the deduction is allowed from medical expenses, it would result in an unjust benefit for insurers, resulting in its unfair enrichment, he said.
Published – 31 March 2025 12:53
