Bombay High Court: Mediclaim Cannot Be Deducted from Accident Compensation under Motor Vehicles Act

Bombay High Court: Mediclaim Cannot Be Deducted from Accident Compensation under Motor Vehicles Act

  • Case Name: The New India Assurance Co. Ltd. v Dolly Satish Gandhi

The Bombay HC ruled that amounts received under a medical insurance policy cannot be deducted from compensation awarded under the Motor Vehicles Act (MV Act).

A three-judge bench held that compensation under Section 166 of the MV Act is statutory, while medical claim benefits are contractual and independent.

The case involved a claimant awarded compensation by the Motor Accident Claims Tribunal (MACT) for accident-related medical expenses. The insurance company argued for deduction, claiming double compensation.

The Court rejected this, stating that tortfeasors cannot benefit from a claimant’s insurance foresight. Citing SC precedents, the Court emphasized the principle of just compensation and remanded the matter to a single judge for further consideration.

HC Judgement / 3 months ago

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