High Court allowed the insurance company's appeal against an MCOP award. Due to partial reimbursement by a third-party administrator and low awards for other heads, the court reduced the compensation head to Rs. 4 Lakhs with interest.
Compensation fixed at Rs. 4,00,000 with interest at 7.5% per annum from 08.11.2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2016
CORAM : THE HONOURABLE Mr. JUSTICE N.SESHASAYEE
CMA.No.3644 of 2013 and MP.No.1 of 2013 and CMP.No.5953 of 2016 M/s.Iffco Tokio General Insurance Co. Ltd., Bangalore. ...Appellant/R3 Vs. 1.S.Kousalya Devi 2.Kamalraj 3.M/s.Sathyam Computers Ltd., S.P.Road, Secunderabad, Andhra Pradesh. ... Respondents/ Petitioner and R1 & R2
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in MCOP. No.283 of 2010 dated 08.11.2012 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Udumalpet.
For Appellant : Mr.N.Vijayaraghavan For Respondents : Mr.K.Govi Ganesan [ for R1] R2 & R3 [Exparte ] JUDGMENT
This is an appeal filed by the Insurance Company primarily on the ground that an award of Rs.4,16,000/- towards medical expenses in full was not justified since according to the insurer, out of Rs.3,53,476/- towards bill paid at the hospital, Rs.2,76,150/- was claimed from Medi Assist, a third party administrator for mediclaim benefit. Accordingly, the insurer had raised a ground that only Rs.76,326/- was paid by the injured claimant out of his pocket and hence the total award for Rs.5,61,000/- should be reduced accordingly.
2 issues framed by the court
Whether the award of medical expenses needs to be reduced considering third-party administrator reimbursement.
Whether to strike a balance by reducing the award amount while recognizing future medical expenses requirements.
1 provisions across 1 enactments
M/s. Iffco Tokio General Insurance Co. Ltd.
S. Kousalya Devi
Kamalraj
M/s. Sathyam Computers Ltd.
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
