BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Vs. GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award made in MCOP.No.107 of 2015, dated 03.06.2017, on the file of the Motor Accident Claims Tribunal / Principal Subordinate Court, karur.

(2.) This appeal is filed by the appellant / Insurance Company challenging the portion of the Award, granting a sum of Rs. 4,00,000/- towards medical expenses to the first respondent. Though in the grounds of appeal the appellant has raised a ground that amounts awarded by the Tribunal are excessive, during the course of hearing, the learned counsel appearing for the appellant contended that the appellant is challenging only the portion of the award, granting a sum of Rs. 4,00,000/- towards medical expenses to the first respondent.

(3.) The contention of the learned counsel appearing for the appellant is that the fist respondent spent a sum of Rs. 6,14,148/- towards medical expenses, out of which, Rs. 4,00,000/- was reimbursed by Insurance Company under Medi claim policy and the claimant has paid only a sum of Rs. 2,14,148/- towards medical expenses to the hospital. In view of the same, the first respondent is not entitled to a sum of Rs. 4,00,000/- paid by the another Insurance Company from the appellant towards medical expenses. According to the appellant, once the first respondent has not paid the amount of Rs. 4,00,000/- towards medical expenses, he is not entitled to claim the said amount from the appellant. He further contended that the first respondent is not entitled to claim the amounts paid under Medi claim Policy, as per the Motor Vehicles Act. In support of his contention, the learned counsel appearing for the appellant relied on the Judgment reported in (National Insurance Company Limited Vs. Akber Badsha and Others, (2016) ACJ 807) wherein paragraph Nos. 7 to 11, 17, it has been held as follows:-