Document Fragment View
Fragment Information
Showing contexts for: Group Insurance Policy in Krishnasish Chanda vs Naveen Kumar 2 Others on 18 June, 2025Matching Fragments
[v] Compensation received under Group Insurance Scheme cannot be deducted.
[vi] The obligation under Group Insurance Policy and the statutory obligation in terms of Motor Vehicles Act are entirely different and one shall not overlap the other.
For the Respondent No.3-Insurance Company:-
11. [i] The findings of the learned MACT on the liability of the Insurance Company particularly deducting the compensation already received pursuant to Group Insurance Policy obtained through the employer is justified.
16. During the cross-examination of claimant/PW.1, it was elicited that his scooter was validly insured and he did not make any claim, from his Insurance Company. He has admitted that he was paid under personal claim for an amount of Rs.18,20,000/- by New India Assurance Company under Group Insurance Policy.
17. On behalf of the respondent no witnesses were examined.
18. No further questions were put as to the Group Insurance Policy.
Except the admission of claimant as to receiving of amount under group Insurance Policy, there is no denial from respondent No.3-Insurance Company from the factual perspective, as to contribution of claimant towards premium under separate contract (Group Insurance Policy).
19. The learned MACT understood the context that claimant shall not get benefit twice for the same accident, when the claimant is benefitted under other source, it has to be deducted from the compensation awarded under Motor Vehicle Accident claim.
31. There is no evidence indicating on what basis the amount of Rs.18,20,000/- is paid by the New India Assurance Company to the claimant, pursuant to Group Insurance Policy. Generally, the contribution of the beneficiary to the Policy is the basis in Group Insurance Policy. It may be either by way of direct contribution or deduction from the salary. In any case it is a contract independent. If such a security measure taken individually, with the wisdom, such a wise effort of a vigilant and responsible person cannot be an advantage to the tort-feasor.