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Icici Lombard General Insurance ... vs Harminder Singh And Ors on 17 August, 2018
In view of the afore-said admission made by the claimant and the
legal posi*on as explained in Harminder Singh Rosah's case (supra) by this court,
which is based on the legal posi*on enunciated by Hon'ble Apex Court in Helen C.
Rabello's case (supra), Patricia Jean Mahajan's case (supra); and Shashi Sharma and
other's case (supra), it is held that the Tribunal did not commit any error in coming
to the conclusion that injured- claimant was not en*tled for compensa*on
separately for the medical expenses, as he had already been compensated under
the medi-claim policy.
Mrs. Helen C. Rebello & Ors vs Maharashtra State Road Transport ... on 18 September, 1998
There are judgments of various High Courts taking one view or the
other, however, in view of binding precedents of Hon'ble the Supreme Court,
other judgments passed by the other High Court are not required to be
discussed. As regards the judgment of this Court in Manoj Kumar
Yadav's case (supra), the same basically relies upon the judgment of Hon'ble the
Supreme Court in Helen C. Rabello's case (supra). In para 11 of the judgment
aFer placing a reliance, the Court did not further deliberate on the aforesaid
issue.
Manoj vs Azad & Ors on 20 April, 2015
There are judgments of various High Courts taking one view or the
other, however, in view of binding precedents of Hon'ble the Supreme Court,
other judgments passed by the other High Court are not required to be
discussed. As regards the judgment of this Court in Manoj Kumar
Yadav's case (supra), the same basically relies upon the judgment of Hon'ble the
Supreme Court in Helen C. Rabello's case (supra). In para 11 of the judgment
aFer placing a reliance, the Court did not further deliberate on the aforesaid
issue.
National Insurance Company Ltd vs V.S.Bijumon on 6 December, 2010
The
Motor Accident Claims Tribunal has also relied upon the judgments passed by the
Gujarat High Court in the case of Gujarat State Road Transport Corpora on Vs.
Hargovindas R. Modi and others, AIR 2007 (Gujarat) 39, and by the Kerala High
Court in the case of Na onal Insurance Company Limited Vs. Bijumon, 2012(1)
RCR (Civil) 325, to take a view that the aforesaid amount reimbursed to the
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Neutral Citation No:=2024:PHHC:095757
FAO No.532 of 2014 (O&M)
FAO No.2276 of 2014 (O&M)
claimant-injured is not liable to be adjusted while calcula*ng the damages
payable.
National Insurance Company Limited vs Shashank Bhardwaj & Ors on 19 September, 2016
However, once we examine the judgment passed by this Court in
Shashank Bhardwaj's case (supra), this Court aFer taking into considera*on the
various judgments passed by the Courts including the judgment of Hon'ble the
Supreme Court in Helen C. Rabello's case (supra), held that there is fundamental
difference between the life insurance policy and mediclaim policy. The premium
in the mediclaim policy is paid once which is for a par*cular period and policy
expires by efflux of *me automa*cally and in case no untoward incident happens
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Neutral Citation No:=2024:PHHC:095757
FAO No.532 of 2014 (O&M)
FAO No.2276 of 2014 (O&M)
during that *me, then amount of premium paid is not refunded, whereas in the
life insurance policy, normally the amount is paid for a number of years regularly
and thereaFer amount is reimbursed on maturity or otherwise. In case of
untoward incident, the injured or legal heirs are paid as per the policy. In these
circumstances, the learned Judge took a view that the amount reimbursed to the
injured-claimant on account of his or her own mediclaim policy would be liable
to be adjusted.
United India Insurance Co. Ltd. Etc. Etc vs Patrica Jean Mahajan And Ors. Etc. Etc on 8 July, 2002
In Manoj Kumar Yadav's case (supra), neither the aDen*on of the Court
was not drawn to para 33 of the judgment passed in Helen C. Rabello's case
(supra) nor to Patricia Jean Mahajan's case (supra).
Reliance General Insurance Comp. Ltd vs Shashi Sharma & Ors on 23 September, 2016
Further reference can
be made to a recent judgment of Hon'ble the Supreme Court in the case of
Reliance General Insurance Company Limited Vs. Shashi Sharma and others
(2016) 9 SCC 627. Hon'ble the Supreme Court was dealing with the Rules framed
by the State of Haryana to compensate the legal heirs of the employees who
loses his life during service. In para 18 of the judgment, Hon'ble the Supreme
Court dealt with the aforesaid issue and held that the idea is to award the just
compensa*on but compensa*on cannot be treated as a largesse. Para No.18 of
the judgment is extracted as under:-
Vishal vs Bugga Singh & Ors on 11 March, 2016
In view of the aforesaid discussions, respecLully following the
judgments of Hon'ble the Supreme Court and this Court in Shashank Bhardwaj's
(supra) and in Vishal's (supra), this Court has come to a conclusion that the
amount received as a reimbursement on account of mediclaim policy towards
the medical expenses including hospitaliza*on charges, shall be liable to be
adjusted while calcula*ng the compensa*on payable on account of medical
expenses.
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