ANSWER TO THE QUESTION REFERRED
18. In the light of the foregoing discussion, we are of the considered opinion that the question as framed ought to be answered in the negative. Thus, any amount received by a claimant under a mediclaim policy or under a medical insurance policy is not liable to be deducted from the amount of compensation payable to a claimant under the head “medical expenses” in proceedings under Section 166 of the M.V. Act.
Any Amount Received By Accident Victim from Mediclaim Cannot Be Deducted from Compensation to be paid to the Claimants as same is independent contract. Insurer are liable to pay even if Claimants receive amount from Mediclaim.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1344 OF 2014
The New India Assurance Co. Ltd. Vs Mrs. Dolly Satish Gandhi
CORAM : A.S. CHANDURKAR, MILIND N. JADHAV & GAURI GODSE, JJ
Dated: 28TH MARCH 2025.
JUDGMENT : [ Per A.S. Chandurkar, J. ]
Citation: 2025:BHC-AS:14458-FB
