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1 - 3 of 3 (0.51 seconds)The New India Assurance Co Ltd vs Sri Manish Gupta on 11 October, 2012
6. Learned counsel appearing for Insurer, Shri.
A.N. Krishna Swamy vehemently submits that the
Tribunal grossly erred in awarding exorbitant
compensation towards all the heads, particularly loss of
future income and medical expenses in a sum of
`5,89,493/-, for the reason that, the employer of the
injured claimant has already reimbursed a sum of
`4,25,000/- towards medical expenses and therefore,
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the said amount ought to have been deducted from out
of the medical expenses of a sum of `5,89,493/-.
Therefore, he submitted that the injured claimant is
entitled to only a sum of `1,64,493/-, i.e. `5,89,493/-
(-) `4,25,000/-, towards medical expenses. To
substantiate the said submission, he strongly relied
upon the decision of the Division Bench of this Court
reported in 2013 (1) Kar.Law Journal Page 624 (New
India Assurance Company Limited, Bangalore Vs.
Manish Gupta and another) and drew our specific
attention to paragraph 20 of the said judgment, wherein
it is held that an injured person cannot claim benefit
out of his own misfortune and he cannot claim medical
expenses under the Medi-claim policy and also claim
damages in the nature of amount expended for medical
treatment under the claim petition which is filed under
the Motor Vehicles Act. Therefore, he submitted that a
sum of `4,25,000/- may be deducted from out of
`5,89,493/- and a sum of `1,64,493/- may be awarded
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towards medical expenses as against `5,89,493/-
awarded by Tribunal.
Karnataka State Road Transport ... vs Anantharam Singh on 27 September, 1995
In similar, if not
identical circumstances, a Division Bench of
this Court in the case of Karnataka State
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Road Transport Corporation, Bangalore v
H. Anantharam Singh, has observed that
once a claim is satisfied with respect to the
damages caused to the car by the insurer, the
question of the owner of the car claiming
damages as against the tort-feasor before the
Claims Tribunal does not arise inasmuch as
the cost of repair having been already
recovered through the insurer, the claimant
or the owner of the car cannot claim
compensation under the claim petition filed
under the Act."
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