NATIONAL INSURANCE CO LTD Vs. DEEPMALA GOEL

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 4,13,565/- to respondent No.1. The appellant has challenged the award of the Claims Tribunal only to the extent of Rs. 64,139/- on the ground that respondent No.1 has already received the said amount from the insurance company under a medi-claim policy. It is submitted that respondent No.1 has not suffered any loss with respect to the said amount since respondent No.1 has already received the said amount under the medi-claim insurance policy. It is submitted that the award of Rs. 64,139/- amounts to double payment as well as unjust. The learned counsel for respondent No.1 admits that respondent No.1 has received Rs. 64,139/- under the medi-claim policy as recorded in para 11 of the award.

(2.) This case is covered by the judgment of the Supreme Court in United India Insurance Company Ltd. v. Patricia Jean Mahajan, 2002 AIR(SC) 2607 in which it was held that the claimant is not entitled to claim compensation in respect of the benefit received as a consequence of the injuries sustained which otherwise he would not have been entitled to. The findings of the Supreme Court are as under:-

(3.) In Jitendra v. Rahul, 2008 5 MPHT 336, the Madhya Pradesh High Court following the judgment of the Supreme Court in Patricia Jean Mahajan held that the claimant is not entitled to the amount received by him under the medi-claim policy. At most, the claimant is entitled to the amount of premium paid for the medi-claim policy. The findings of the Madhya Pradesh High Court are reproduced as under:-