THE NEW INDIA ASSURANCE CO. LTD. vs MRS. DOLLY SATISH GANDHI

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1344 OF 2014 The New India Assurance Co. Ltd., ] Sakinaka, Mumbai ] .. Appellant-Original Insurer Versus 1. Mrs. Dolly Satish Gandhi ] .. Respondent-Org. Applicant 2. Mr. Janeshwar V. Pujari ] .. Respondent-Org. Applicant & Opp. Party Mr. Deelip R. Mahadik with Mr. Devendra Joshi, Advocate for the Appellant-Original Insurer. Mr. T.J. Mendon with Mr. T.R. Kale, Mr. Deepak S. Kilaje, Mr. Navin Sheth and Mr. R.S. Alange, Advocates for Respondent No.1. Mr. Vineet B. Naik, Senior Advocate, with Mr. Sukand Kulkarni, i/by Mr. Sarthak Diwan, Advocates for M/s. HDFC Ergo General Insurance Company Ltd. Mr. Gautam Ankhad, Senior Advocate, Amicus Curiae, with Ms. Samridhi Lodha and Ms. Minal Thakker, CORAM : A.S. CHANDURKAR, MILIND N. JADHAV & GAURI GODSE, JJ The date on which the arguments concluded : 30TH JANUARY 2025. The date on which the Judgment is pronounced : 28TH MARCH 2025. JUDGMENT : [ Per A.S. Chandurkar, J. ] 1. The question placed for consideration before this larger Bench is “Whether the amount received by a Claimant under a Mediclaim Policy or under a Medical Insurance Policy is 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 Motor Vehicles Act, 1988 ?” 1/23 FIRST APPEAL NO.1344 OF 2014.doc Dixit Decision leading to the Reference : 2. In First Appeal No.1344 of 2014 (The New India Assurance Co. Ltd. Vs. Mrs. Dolly Satish Gandhi and Anr.) , a challenge has been raised to the judgment of the Motor Accident Claims Tribunal, Mumbai awarding monetary compensation to the claimant. One of the grounds of challenge is that the amount awarded by the Motor Accident Claims Tribunal (for short