Bengaluru:
The Karnataka High Court has stated that medical expenses under the Motor Vehicles (MV) Act and compensation for hospitalization should be for the amount received through Mediclaim insurance policies.
Justice Hanchet Sanjeevakumar, while directing an insurance company, made ruling to the family of S. Hanumanthappa with 6 percent annual interest with Rs 4,93,839 with an annual interest.
The court ordered a cut of Rs 1.8 lakhs reimbursed through a Medicalem policy.
Hanumantappa, a resident of Marathhali in Bangalore, was involved in a road accident on December 10, 2008, while Seva was returning to the temple from Lepkshi.
An autorickshaw collided with his motorcycle, causing serious injuries to both Hanumanthappa and his wife.
Following the incident, a case was registered by the Hindupur Rural Police, and Hanumantappa approached the tribunal to the claims of the motor accident in Bengaluru, which gave Rs 6,73,839 in compensation on 22 March 2013. This included Rs 5,24,639 for medical expenses.
Challenging the award, the insurance company argued that the reimbursement of Rs 1.8 lakh under the Medicaleem policy should be deducted with the amount of compensation given under the Medical Expenditure category.
Citing the previous decision in the Manish Gupta case, the court upheld the cut, stating that the reimbursement amount received through Medicum should be included in the final compensation calculation.
The court clarified that since the reimbursement amount was undisputed, it would be deducted from honored medical expenses.
With this adjustment, compensation under the medical expenditure category was renovated for Rs 3,44,639, causing the total compensation to Rs 4,93,839.
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